[Congressional Record Volume 167, Number 211 (Tuesday, December 7, 2021)]
[House]
[Pages H6933-H7222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL PULSE MEMORIAL
Mr. SMITH of Washington. Madam Speaker, pursuant to House Resolution
838, I call up the bill (S. 1605) to designate the National Pulse
Memorial located at 1912 South Orange Avenue in Orlando, Florida, 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 838, an
amendment in the nature of a substitute consisting of the text of the
Rules Committee Print 117-21 is adopted and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
S. 1605
Be it enacted by the Senate and House 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 six 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--Department of State Authorization
(6) Division F--Other 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.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
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. Modification of deployment by the Army of interim cruise
missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache
helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the
Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for
the next generation squad weapon.
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh
Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for
the procurement of Flight III Arleigh Burke class
destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier
air wings.
Sec. 127. Report on material readiness of Virginia class submarines of
the Navy.
Subtitle D--Air Force Programs
Sec. 131. Extension of inventory requirement for Air Force fighter
aircraft.
Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on
bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain
air refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical
airlift aircraft.
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. Transfer of F-35 program responsibilities from the F-35 Joint
Program Office to the Department of the Air Force and the
Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of
aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. 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. Codification of National Defense Science and Technology
Strategy.
Sec. 212. Codification of direct hire authority at personnel
demonstration laboratories for advanced degree holders.
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Sec. 213. Duties and regional activities of the Defense Innovation
Unit.
Sec. 214. Codification of requirement for Defense Established Program
to Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense
science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging
technology and national security threats.
Sec. 217. Improvements relating to national network for
microelectronics research and development.
Sec. 218. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of
the research, development, test, and evaluation centers
of the Department of Defense.
Sec. 220. Defense research and engineering activities at minority
institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for
survivability and lethality testing.
Sec. 224. Assessment and correction of deficiencies in the pilot
breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
Sec. 226. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior
civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and
evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to
promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the
development of artificial intelligence capabilities for
the Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications
infrastructure to facilitate 5G deployment on military
installations.
Sec. 234. Limitation on development of prototypes for the Optionally
Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test
events and reductions in operational flight test
capacity.
Sec. 236. Limitation on availability of funds for certain C-130
aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft
program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy
Detection and Exploitation System.
Subtitle C--Plans, Reports, and Other Matters
Sec. 241. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air
Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and
evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National
Security Commission on Artificial Intelligence regarding
the Department of Defense.
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. Energy efficiency targets for Department of Defense data
centers.
Sec. 313. Grants for maintaining or improving military installation
resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy
resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost
savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in
contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership
program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill
Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major
military installations.
Sec. 320. Demonstration program on domestic production of rare earth
elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at
certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas
emissions.
Subtitle C--National Security Climate Resilience
Sec. 331. Definitions.
Sec. 332. Climate Resilience Infrastructure Initiative of the
Department of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber
attacks or disruptions in reports on national technology
and industrial base.
Sec. 334. Climate resilience in planning, engagement strategies,
infrastructure, and force development of Department of
Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department
of Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and
assessment on health implications of per- and
polyfluoroalkyl substances contamination in drinking
water by Agency for Toxic Substances and Disease
Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances, polyfluoroalkyl substances,
and aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or polyfluoroalkyl
substances.
Sec. 346. Review of agreements with non-Department entities with
respect to prevention and mitigation of spills of aqueous
film-forming foam.
Sec. 347. Comptroller General study on Department of Defense
procurement of certain items containing certain PFAS
substances.
Sec. 348. Report on schedule for completion of remediation of
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and
polyfluoroalkyl substances at certain military
installations.
Subtitle E--Logistics and Sustainment
Sec. 351. Mitigation of contested logistics challenges of the
Department of Defense through reduction of operational
energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for
corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard
Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment
costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment
efforts.
Subtitle F--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense
regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency
of special operations forces.
Subtitle G--Other Matters
Sec. 371. Military Aviation and Installation Assurance Clearinghouse
matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working
dogs.
Sec. 374. Extension of temporary authority to extend contracts and
leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean
training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on
preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics,
techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 380. Authority for activities to improve next generation radar
systems capabilities.
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Sec. 381. Pilot program on military working dog and explosives
detection canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.
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.
Sec. 403. Additional authority to vary Space Force end strength.
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-- Officer Personnel Policy
Sec. 501. Authority with respect to authorized strengths for general
and flag officers within the Armed Forces for emerging
requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered
for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare
officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear
and Missile Operations Officer (13N).
Subtitle B--Reserve Component Management
Sec. 511. Modification of grant program supporting science, technology,
engineering, and math education in the Junior Reserve
Officers' Training Corps to include quantum information
sciences.
Sec. 512. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of
unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve
components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Reduction in service commitment required for participation in
career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the military
departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of
fitness for duty.
Sec. 525. Command oversight of military privatized housing as element
of performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in housing
provided by the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military
draft.
Sec. 529A. Report on processes and procedures for appeal of denial of
status or benefits for failure to register for Selective
Service.
Sec. 529B. Study and report on administrative separation boards.
Subtitle D--Military Justice Reform
Part 1--Special Trial Counsel
Sec. 531. Special trial counsel.
Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and
special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.
Part 2--Sexual Harassment; Sentencing Reform
Sec. 539D. Inclusion of sexual harassment as general punitive article.
Sec. 539E. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539F. Briefing and report on resourcing required for
implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the
Independent Review Commission on Sexual Assault in the
Military.
Subtitle E--Other Military Justice and Legal Matters
Sec. 541. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation
by victims of sexual assault or sexual harassment and
related persons.
Sec. 545. Modification of notice to victims of pendency of further
administrative action following a determination not to
refer to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking
pretrial information, and assessing changes in law.
Sec. 548. Determination and reporting of members missing, absent
unknown, absent without leave, and duty status-
whereabouts unknown.
Sec. 549. Activities to improve family violence prevention and
response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative
organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual
assaults; reporting on racial and ethnic demographics in
the military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of
official restricted and unrestricted reports for eligible
adult sexual assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator
military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response
to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform
Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members
of the Armed Forces.
Sec. 553. 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. 554. Authority of President to appoint successors to members of
Board of Visitors of military academies whose terms have
expired.
Sec. 555. Meetings of the Board of Visitors of a military service
academy: votes required to call; held in person or
remotely.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance
and Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of
cadets and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force
Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed
Forces regarding social reform and unhealthy behaviors.
Sec. 559F. Report on status of Army Tuition Assistance Program Army
IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.
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Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship
opportunities for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved
communication of best practices to engage military
spouses with career assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations
to connect military families with local entities that
provide services to military families.
Sec. 569. Briefing on process to certify reporting of eligible
federally connected children for purposes of Federal
impact aid programs.
Sec. 569A. Briefing on legal services for families enrolled in the
Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program
of United States Special Operations Command: briefing;
report.
Subtitle H--Diversity and Inclusion
Sec. 571. Reduction of gender-related inequities in costs of uniforms
to members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify
as Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate
and Training Schools, and the Senior Reserve Officers'
Training Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Modified deadline for establishment of special purpose
adjunct to Armed Services Vocational Aptitude Battery
test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service
Medal.
Sec. 584. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection
level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in
Hawaii.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Basic needs allowance for members on active service in the
Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.
Sec. 605. Requirements in connection with suspension of retired pay and
retirement annuities.
Sec. 606. Report on relationship between basic allowance for housing
and sizes of military families.
Sec. 607. Report on certain moving expenses for members of the Armed
Forces.
Sec. 608. Report on temporary lodging expenses in competitive housing
markets.
Sec. 609. Report on rental partnership programs.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Extension of paid parental leave.
Sec. 622. Bereavement leave for members of the Armed Forces.
Sec. 623. Travel and transportation allowances for family members to
attend the funeral and memorial services of members.
Sec. 624. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home child care.
Sec. 625. Pilot program on direct hire authority for spouses of members
of the uniformed services at locations outside the United
States.
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. Alexander Lofgren Veterans in Parks program.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Eating disorders treatment for certain members of the Armed
Forces and dependents.
Sec. 702. Addition of preconception and prenatal carrier screening
coverage as benefits under TRICARE program.
Sec. 703. Revisions to TRICARE provider networks.
Sec. 704. Self-initiated referral process for mental health evaluations
of members of the Armed Forces.
Sec. 705. Modifications to pilot program on health care assistance
system.
Sec. 706. Modification of pilot program on receipt of non-generic
prescription maintenance medications under TRICARE
pharmacy benefits program.
Sec. 707. Improvement of postpartum care for members of the Armed
Forces and dependents.
Subtitle B--Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization
requirements.
Sec. 712. Requirement for consultations relating 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. Authority of Secretary of Defense and Secretary of Veterans
Affairs to enter into agreements for planning, design,
and construction of facilities to be operated as shared
medical facilities.
Sec. 715. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 716. Establishment of Department of Defense system to track and
record information on vaccine administration.
Sec. 717. Exemption from required physical examination and mental
health assessment for certain members of the reserve
components.
Sec. 718. Authorization of provision of instruction at Uniformed
Services University of the Health Sciences to certain
Federal employees.
Sec. 719. Removal of requirement for one year of participation in
certain medical and lifestyle incentive programs of the
Department of Defense to receive benefits under such
programs.
Sec. 720. Department of Defense standards for exemptions from mandatory
COVID-19 vaccines.
Sec. 721. Establishment of centers of excellence for enhanced treatment
of ocular injuries.
Sec. 722. Implementation of integrated product for management of
population health across military health system.
Sec. 723. Digital health strategy of Department of Defense.
Sec. 724. Development and update of certain policies relating to
military health system and integrated medical operations.
Sec. 725. Mandatory training on health effects of burn pits.
Sec. 726. Standardization of definitions used by the Department of
Defense for terms related to suicide.
Subtitle C--Reports and Other Matters
Sec. 731. Modifications and reports related to military medical manning
and medical billets.
Sec. 732. Access by United States Government employees and their family
members to certain facilities of Department of Defense
for assessment and treatment of anomalous health
conditions.
Sec. 733. Pilot program on cardiac screening at certain military
service academies.
Sec. 734. Pilot program on assistance for mental health appointment
scheduling at military medical treatment facilities.
Sec. 735. Prohibition on availability of funds for certain research
connected to China.
Sec. 736. Limitation on certain discharges solely on the basis of
failure to obey lawful order to receive COVID-19 vaccine.
Sec. 737. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 738. Independent review of suicide prevention and response at
military installations.
Sec. 739. Feasibility and advisability study on establishment of
aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 740. Study on incidence of breast cancer among members of the
Armed Forces serving on active duty.
Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record
program.
Sec. 742. Comptroller General study on implementation by Department of
Defense of recent statutory requirements to reform the
military health system.
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Sec. 743. Study to determine need for a joint fund for Federal
Electronic Health Record Modernization Office.
Sec. 744. Briefing on domestic production of critical active
pharmaceutical ingredients for national security
purposes.
Sec. 745. Briefing on substance abuse in the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Prohibition on acquisition of personal protective equipment
from non-allied foreign nations.
Sec. 803. Authority to acquire innovative commercial products and
commercial services using general solicitation
competitive procedures.
Sec. 804. Modifications to contracts subject to cost or pricing data
certification.
Sec. 805. Two-year extension of Selected Acquisition Report
requirement.
Sec. 806. Annual report on highest and lowest performing acquisition
programs of the Department of Defense.
Sec. 807. Assessment of impediments and incentives to improving the
acquisition of commercial products and commercial
services.
Sec. 808. Briefing on transparency for certain domestic procurement
waivers.
Sec. 809. Report on violations of certain domestic preference laws.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Certain multiyear contracts for acquisition of property:
budget justification materials.
Sec. 812. Extension of demonstration project relating to certain
acquisition personnel management policies and procedures.
Sec. 813. Office of Corrosion Policy and Oversight employee training
requirements.
Sec. 814. Modified condition for prompt contract payment eligibility.
Sec. 815. Modification to procurement of services: data analysis and
requirements validation.
Sec. 816. Limitation on procurement of welded shipboard anchor and
mooring chain for naval vessels.
Sec. 817. Repeal of preference for fixed-price contracts.
Subtitle C--Provisions Relating to Other Transaction Authority
Sec. 821. Modification of other transaction authority for research
projects.
Sec. 822. Modification of prize authority for advanced technology
achievements.
Sec. 823. Pilot program on systems engineering determinations.
Sec. 824. Recommendations on the use of other transaction authority.
Sec. 825. Reporting requirement for certain defense acquisition
activities.
Subtitle D--Provisions Relating to Software and Technology
Sec. 831. Technology protection features activities.
Sec. 832. Modification of enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 833. Pilot program on acquisition practices for emerging
technologies.
Sec. 834. Pilot program to accelerate the procurement and fielding of
innovative technologies.
Sec. 835. Independent study on technical debt in software-intensive
systems.
Sec. 836. Cadre of software development and acquisition experts.
Subtitle E--Provisions Relating to Supply Chain Security
Sec. 841. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 842. Modification to analyses of certain activities for action to
address sourcing and industrial capacity.
Sec. 843. Assuring integrity of overseas fuel supplies.
Sec. 844. Assessment of requirements for certain items to address
supply chain vulnerabilities.
Sec. 845. Department of Defense research and development priorities.
Sec. 846. Report on the Manufacturing Engineering Education Program.
Sec. 847. Plan and report on reduction of reliance on services,
supplies, or materials from covered countries.
Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.
Subtitle F--Industrial Base Matters
Sec. 851. Modifications to printed circuit board acquisition
restrictions.
Sec. 852. Modification of pilot program for development of technology-
enhanced capabilities with partnership intermediaries.
Sec. 853. Additional testing of commercial e-commerce portal models.
Sec. 854. Requirement for industry days and requests for information to
be open to allied defense contractors.
Sec. 855. Employment transparency regarding individuals who perform
work in the People's Republic of China.
Sec. 856. Briefing on compliance with contractor lobbying restrictions.
Sec. 857. Congressional oversight of personnel and contracts of private
security contractors.
Subtitle G--Small Business Matters
Sec. 861. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related dollar threshold.
Sec. 862. Modification to the pilot program for streamlining awards for
innovative technology projects.
Sec. 863. Protests and appeals relating to eligibility of business
concerns.
Sec. 864. Authority for the Office of Hearings and Appeals to decide
appeals relating to qualified HUBZone small business
concerns.
Sec. 865. Report on unfunded priorities of the Small Business
Innovation Research and Small Business Technology
Transfer program.
Sec. 866. Report on Cybersecurity Maturity Model Certification effects
on small business.
Sec. 867. Data on Phase III Small Business Innovation Research and
Small Business Technology Transfer program awards.
Subtitle H--Other Matters
Sec. 871. Mission management pilot program.
Sec. 872. Establishment of mission-oriented pilot programs to close
significant capabilities gaps.
Sec. 873. Independent study on acquisition practices and policies.
Sec. 874. Pilot program to incentivize contracting with employee-owned
businesses.
Sec. 875. Guidance, training, and report on place of performance
contract requirements.
Sec. 876. Notification of certain intergovernmental support agreements.
Sec. 877. Report on requests for equitable adjustment in Department of
the Navy.
Sec. 878. Military standards for armor materials in vehicle
specifications.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in eligibility requirements for appointment to certain
Department of Defense leadership positions.
Sec. 902. Clarification of treatment of Office of Local Defense
Community Cooperation as a Department of Defense Field
Activity.
Sec. 903. Enhanced role of the Under Secretary of Defense for Research
and Engineering on the Joint Requirements Oversight
Council.
Sec. 904. Implementation of repeal of Chief Management Officer of the
Department of Defense.
Sec. 905. Space Force organizational matters and modification of
certain space-related acquisition authorities.
Sec. 906. Assignments for participants in the John S. McCain Strategic
Defense Fellows Program.
Sec. 907. Designation of senior official for implementation of
Electromagnetic Spectrum Superiority Strategy.
Sec. 908. Management innovation activities.
Sec. 909. Digital talent recruiting officer.
Sec. 910. Cross-functional team for emerging threat relating to
anomalous health incidents.
Sec. 911. Alignment of Close Combat Lethality Task Force.
Sec. 912. Independent review of and report on the Unified Command Plan.
Sec. 913. Study and report on the role and organization of space assets
in the reserve components.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Revision of limitation on funding for combatant commands
through Combatant Commander Initiative Fund.
Sec. 1003. Plan for consolidation of information technology systems
used in Department of Defense planning, programming,
budgeting, and execution process.
Sec. 1004. Commission on Planning, Programming, Budgeting, and
Execution Reform.
Subtitle B--Counterdrug Activities
Sec. 1007. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1008. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism
activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Modification to annual naval vessel construction plan.
Sec. 1012. Improving oversight of Navy contracts for shipbuilding,
conversion, and repair.
Sec. 1013. Codification of requirement for assessments prior to start
of construction on first ship of a shipbuilding program.
Sec. 1014. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.
Sec. 1015. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Navy battle force ship assessment and requirement reporting.
Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol
boats.
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Sec. 1019. Availability of funds for retirement or inactivation of
guided missile cruisers.
Sec. 1020. Review of sustainment key performance parameters for
shipbuilding programs.
Sec. 1021. Assessment of security of global maritime chokepoints.
Sec. 1022. Report on acquisition, delivery, and use of mobility assets
that enable implementation of expeditionary advanced base
operations.
Subtitle D--Counterterrorism
Sec. 1031. Inclusion in counterterrorism briefings of information on
use of military force in collective self-defense.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1034. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1035. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1036. Report on medical care provided to detainees at United
States Naval Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Congressional oversight of alternative compensatory control
measures.
Sec. 1042. Modification of notification requirements for sensitive
military operations.
Sec. 1043. Authority to provide space and services to military welfare
societies.
Sec. 1044. Congressional notification of significant Army force
structure changes.
Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as
posse comitatus.
Sec. 1046. Comparative testing reports for certain aircraft.
Sec. 1047. Special operations forces joint operating concept for
competition and conflict.
Sec. 1048. Limitation on availability of certain funding for operation
and maintenance.
Sec. 1049. Limitation on use of certain funds pending submission of
report, strategy, and posture review relating to
information environment.
Sec. 1050. Briefing by Comptroller General and limitation on use of
funds pending compliance with requirement for independent
studies regarding potential cost savings.
Sec. 1051. Survey on relations between members of the Armed Forces and
military communities.
Sec. 1052. Limitation on use of funds pending compliance with certain
statutory reporting requirements.
Sec. 1053. Navy coordination with Coast Guard and Space Force on
aircraft, weapons, tactics, technique, organization, and
equipment of joint concern.
Subtitle F--Studies and Reports
Sec. 1061. Inclusion of support services for Gold Star families in
quadrennial quality of life review.
Sec. 1062. Public availability of semi-annual summaries of reports.
Sec. 1063. Extension of reporting requirement regarding enhancement of
information sharing and coordination of military training
between Department Of Homeland Security and Department Of
Defense.
Sec. 1064. Continuation of certain Department of Defense reporting
requirements.
Sec. 1065. Updated review and enhancement of existing authorities for
using Air Force and Air National Guard modular airborne
fire-fighting systems and other Department of Defense
assets to fight wildfires.
Sec. 1066. Geographic combatant command risk assessment of Air Force
airborne intelligence, surveillance, and reconnaissance
modernization plan.
Sec. 1067. Biennial assessments of Air Force Test Center.
Sec. 1068. Report on 2019 World Military Games.
Sec. 1069. Reports on oversight of Afghanistan.
Sec. 1070. Study and report on Department of Defense excess personal
property program.
Sec. 1071. Optimization of Irregular Warfare Technical Support
Directorate.
Sec. 1072. Assessment of requirements for and management of Army three-
dimensional geospatial data.
Sec. 1073. Required review of Department of Defense unmanned aircraft
systems categorization.
Sec. 1074. Annual report and briefing on Global Force Management
Allocation Plan.
Sec. 1075. Report on World War I and Korean War era Superfund
facilities.
Sec. 1076. Report on implementation of irregular warfare strategy.
Sec. 1077. Study on providing end-to-end electronic voting services for
absent uniformed services voters in locations with
limited or immature postal service.
Sec. 1078. Report on Air Force strategy for acquisition of combat
rescue aircraft and equipment.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Modification to Regional Centers for Security Studies.
Sec. 1083. Improvement of transparency and congressional oversight of
civil reserve air fleet.
Sec. 1084. Observance of National Atomic Veterans Day.
Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation
Operations.
Sec. 1086. National Museum of the Surface Navy.
Sec. 1087. Authorization for memorial for members of the Armed Forces
killed in attack on Hamid Karzai International Airport.
Sec. 1088. Treatment of operational data from Afghanistan.
Sec. 1089. Responsibilities for national mobilization; personnel
requirements.
Sec. 1090. Independent assessment with respect to Arctic region.
Sec. 1091. National Security Commission on Emerging Biotechnology.
Sec. 1092. Quarterly security briefings on Afghanistan.
Sec. 1093. Transition of funding for non-conventional assisted recovery
capabilities.
Sec. 1094. Afghanistan War Commission Act of 2021.
Sec. 1095. Commission on the National Defense Strategy.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Amendment to diversity and inclusion reporting.
Sec. 1102. Civilian personnel management.
Sec. 1103. Modification of temporary authority to appoint retired
members of the armed forces to positions in the
Department of Defense.
Sec. 1104. Authority to employ civilian faculty members at the Defense
Institute of International Legal Studies.
Sec. 1105. Consideration of employee performance in reductions in force
for civilian positions in the Department of Defense.
Sec. 1106. Repeal of 2-year probationary period.
Sec. 1107. Modification of DARPA personnel management authority to
attract science and engineering experts.
Sec. 1108. Expansion of rate of overtime pay authority for Department
of the Navy employees performing work overseas on naval
vessels.
Sec. 1109. Repeal of crediting amounts received against pay of Federal
employee or DC employee serving as a member of the
National Guard of the District of Columbia.
Sec. 1110. Treatment of hours worked under a qualified trade-of-time
arrangement.
Sec. 1111. Parental bereavement leave.
Sec. 1112. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1113. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1114. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1115. Assessment of Accelerated Promotion Program suspension.
Sec. 1116. Increase in allowance based on duty at remote worksites.
Sec. 1117. Enhancement of recusal for conflicts of personal interest
requirements for Department of Defense officers and
employees.
Sec. 1118. Occupational series for digital career fields.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Administrative support and payment of certain expenses for
covered foreign defense personnel.
Sec. 1202. Authority for certain reimbursable interchange of supplies
and services.
Sec. 1203. Extension of support of special operations for irregular
warfare.
Sec. 1204. Modification and extension of biennial Comptroller General
of the United States audits of programs to build the
capacity of foreign security forces.
Sec. 1205. Temporary authority to pay for travel and subsistence
expenses of foreign national security forces
participating in the training program of the United
States-Colombia Action Plan for Regional Security.
Sec. 1206. Security cooperation strategy for certain combatant
commands.
Sec. 1207. Report on security cooperation programs.
[[Page H6939]]
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Sense of Congress on the service of United States Armed
Forces servicemembers in Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Prohibition on transfer of Department of Defense funds or
resources to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban or the
Islamic Emirate of Afghanistan.
Sec. 1215. Prohibition on removal of publicly available accountings of
military assistance provided to the Afghan security
forces.
Sec. 1216. Joint report on using the synchronized predeployment and
operational tracker (spot) database to verify Afghan SIV
applicant information.
Sec. 1217. Report and briefing on United States equipment, property,
and classified material that was destroyed or abandoned
in the withdrawal from Afghanistan.
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. Defense and diplomatic strategy for Syria.
Sec. 1223. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria.
Sec. 1224. Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq.
Sec. 1225. Prohibition on transfers to Badr Organization.
Sec. 1226. Prohibition on transfers to Iran.
Sec. 1227. Report on the military capabilities of Iran and related
activities.
Sec. 1228. Sense of Congress on enrichment of uranium by Iran.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Extension of Ukraine Security Assistance Initiative.
Sec. 1233. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1235. Report on Russian influence operations and campaigns
targeting military alliances and partnerships of which
the United States is a member.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Extension and modification of Indo-Pacific Maritime Security
Initiative.
Sec. 1242. Extension and modification of Pacific Deterrence Initiative.
Sec. 1243. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1245. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1246. Sense of Congress on Taiwan defense relations.
Sec. 1247. Statement of policy on Taiwan.
Sec. 1248. Annual report on Taiwan asymmetric capabilities and
intelligence support.
Sec. 1249. Feasibility briefing on cooperation between the National
Guard and Taiwan.
Sec. 1250. Feasibility report on establishing military-to-military
crisis communications capabilities.
Sec. 1251. Comparative analyses and reports on efforts by the United
States and the People's Republic of China to advance
critical modernization technology with respect to
military applications.
Sec. 1252. Sense of congress on defense alliances and partnerships in
the Indo-Pacific region.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
Sec. 1301. Sense of Congress on North Atlantic Treaty Organization
allies and partners.
Sec. 1302. Report on Armenia-Azerbaijan conflict.
Sec. 1303. Report on the state of United States military investment in
Europe, including the European Deterrence Initiative.
Subtitle B--United States-Greece Defense and Interparliamentary
Partnership Act of 2021
Sec. 1311. Sense of Congress.
Sec. 1312. Funding for the European Recapitalization Incentive Program.
Sec. 1313. Sense of Congress on loan program.
Sec. 1314. Sense of Congress on transfer of F-35 Joint Strike Fighter
aircraft to Greece.
Sec. 1315. IMET cooperation with Greece.
Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1
Interparliamentary Group.
Sec. 1317. Appropriate congressional committees.
Subtitle C--Security Cooperation and Assistance
Sec. 1321. Clarification of requirements for contributions by
participants in the American, British, Canadian, and
Australian Armies' Program.
Sec. 1322. Foreign Area Officer assessment and review.
Sec. 1323. Study on certain security cooperation programs.
Sec. 1324. Notification relating to overseas humanitarian, disaster,
and civic aid funds obligated in support of operation
allies welcome.
Subtitle D--Other Matters
Sec. 1331. Extension and modification of authority for certain payments
to redress injury and loss.
Sec. 1332. Secretary of Defense Strategic Competition Initiative.
Sec. 1333. Extension and modification of Department of Defense support
for stabilization activities in national security
interest of the United States.
Sec. 1334. Pilot program to support the implementation of the Women,
Peace, and Security act of 2017.
Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty
sensors.
Sec. 1336. Security assistance in Northern Triangle countries.
Sec. 1337. Report on human rights in Colombia.
Sec. 1338. Report on efforts by the People's Republic of China to
expand its presence and influence in Latin America and
the Caribbean.
Sec. 1339. Extension of prohibition on in-flight refueling to non-
United States aircraft that engage in hostilities in the
ongoing civil war in Yemen.
Sec. 1340. Statement of policy and report on Yemen.
Sec. 1341. Limitation on support to military forces of the Kingdom of
Morocco for multilateral exercises.
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. Authorization to loan materials in National Defense
Stockpile.
Sec. 1413. 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. 1414. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Related to Cyber Operations and Cyber Forces
Sec. 1501. Development of taxonomy of cyber capabilities.
Sec. 1502. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National
Guard.
Sec. 1503. Modification of the Principal Cyber Advisor.
Sec. 1504. Evaluation of Department of Defense cyber governance.
Sec. 1505. Operational technology and mission-relevant terrain in
cyberspace.
Sec. 1506. Matters concerning cyber personnel requirements.
Sec. 1507. Assignment of certain budget control responsibilities to
commander of United States Cyber Command.
Sec. 1508. Coordination between United States Cyber Command and private
sector.
Sec. 1509. Assessment of cyber posture and operational assumptions and
development of targeting strategies and supporting
capabilities.
Sec. 1510. Assessing capabilities to counter adversary use of
ransomware, capabilities, and infrastructure.
Sec. 1511. Comparative analysis of cybersecurity capabilities.
Sec. 1512. Eligibility of owners and operators of critical
infrastructure to receive certain Department of Defense
support and services.
Sec. 1513. Report on potential Department of Defense support and
assistance for increasing the awareness of the
Cybersecurity and Infrastructure Security Agency of cyber
threats and vulnerabilities affecting critical
infrastructure.
Subtitle B--Matters Related to Department of Defense Cybersecurity and
Information Technology
Sec. 1521. Enterprise-wide procurement of cyber data products and
services.
Sec. 1522. Legacy information technologies and systems accountability.
Sec. 1523. Update relating to responsibilities of Chief Information
Officer.
[[Page H6940]]
Sec. 1524. Protective Domain Name System within the Department of
Defense.
Sec. 1525. Cybersecurity of weapon systems.
Sec. 1526. Assessment of controlled unclassified information program.
Sec. 1527. Cyber data management.
Sec. 1528. Zero trust strategy, principles, model architecture, and
implementation plans.
Sec. 1529. Demonstration program for automated security validation
tools.
Sec. 1530. Improvements to consortium of universities to advise
Secretary of Defense on cybersecurity matters.
Sec. 1531. Digital development infrastructure plan and working group.
Sec. 1532. Study regarding establishment within the Department of
Defense of a designated central program office to oversee
academic engagement programs relating to establishing
cyber talent across the Department.
Sec. 1533. Report on the Cybersecurity Maturity Model Certification
program.
Sec. 1534. Deadline for reports on assessment of cyber resiliency of
nuclear command and control system.
Subtitle C--Matters Related to Federal Cybersecurity
Sec. 1541. Capabilities of the Cybersecurity and Infrastructure
Security Agency to identify threats to industrial control
systems.
Sec. 1542. Cybersecurity vulnerabilities.
Sec. 1543. Report on cybersecurity vulnerabilities.
Sec. 1544. Competition relating to cybersecurity vulnerabilities.
Sec. 1545. Strategy.
Sec. 1546. Cyber incident response plan.
Sec. 1547. National cyber exercise program.
Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure
Security Agency.
Sec. 1549. Strategic assessment relating to innovation of information
systems and cybersecurity threats.
Sec. 1550. Pilot program on public-private partnerships with internet
ecosystem companies to detect and disrupt adversary cyber
operations.
Sec. 1551. United States-Israel cybersecurity cooperation.
Sec. 1552. Authority for National Cyber Director to accept details on
nonreimbursable basis.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. National security space launch program.
Sec. 1602. Redesignation of Space Force Acquisition Council;
modifications relating to Assistant Secretary of the Air
Force for Space Acquisition and Integration.
Sec. 1603. Delegation of Authorities to Space Development Agency.
Sec. 1604. Extension and modification of Council on Oversight of the
Department of Defense Positioning, Navigation, and Timing
Enterprise.
Sec. 1605. Improvements to tactically responsive space launch program.
Sec. 1606. Clarification of domestic services and capabilities in
leveraging commercial satellite remote sensing.
Sec. 1607. Programs of record of Space Force and commercial
capabilities.
Sec. 1608. Extension and modification of certifications regarding
integrated tactical warning and attack assessment mission
of the Air Force.
Sec. 1609. Classification review of programs of the Space Force.
Sec. 1610. Report on Range of the Future initiative of the Space Force.
Sec. 1611. Space policy review.
Sec. 1612. Annual briefing on threats to space operations.
Sec. 1613. National Security Council briefing on potential harmful
interference to Global Positioning System.
Sec. 1614. Non-geostationary orbit satellite constellations.
Sec. 1615. Briefing on prototype program for multiglobal navigation
satellite system receiver development.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Notification of certain threats to United States Armed
Forces by foreign governments.
Sec. 1622. Strategy and plan to implement certain defense intelligence
reforms.
Sec. 1623. Annual briefing by Director of the Defense Intelligence
Agency on electronic warfare threat to operations of the
Department of Defense.
Sec. 1624. Report on explosive ordnance intelligence matters.
Subtitle C--Nuclear Forces
Sec. 1631. Participation in United States Strategic Command strategic
deterrence exercises.
Sec. 1632. Modification to requirements relating to nuclear force
reductions.
Sec. 1633. Modifications to requirements relating to unilateral changes
in nuclear weapons stockpile of the United States.
Sec. 1634. Deadline for reports on modification of force structure for
strategic nuclear weapons delivery systems.
Sec. 1635. Modification of deadline for notifications relating to
reduction, consolidation, or withdrawal of nuclear forces
based in Europe.
Sec. 1636. Procurement authority for certain parts of the ground-based
strategic deterrent cryptographic device.
Sec. 1637. Capability of B-21 bomber aircraft with long-range standoff
weapon.
Sec. 1638. Mission-design series popular name for ground-based
strategic deterrent.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Limitation on availability of certain funds until submission
of information relating to proposed budget for nuclear-
armed sea-launched cruise missile.
Sec. 1641. Limitation on availability of certain funds until submission
of information relating to nuclear-armed sea-launched
cruise missile.
Sec. 1642. Annual certification on readiness of Minuteman III
intercontinental ballistic missiles.
Sec. 1643. Revised nuclear posture review.
Sec. 1644. Review of safety, security, and reliability of nuclear
weapons and related systems.
Sec. 1645. Long-range standoff weapon.
Sec. 1646. Ground-based strategic deterrent development program
accountability matrices.
Sec. 1647. Information regarding review of Minuteman III service life
extension program or options for the future of the
intercontinental ballistic missile force.
Sec. 1648. Notification regarding intercontinental ballistic missiles
of China.
Sec. 1649. Independent review of nuclear command, control, and
communications system.
Sec. 1650. Review of engineering and manufacturing development contract
for ground-based strategic deterrent program.
Sec. 1651. Report on re-alerting long-range bombers.
Sec. 1652. Comptroller General study and updated report on nuclear
weapons capabilities and force structure requirements.
Sec. 1653. Briefing on consultations with United States allies
regarding Nuclear Posture Review.
Subtitle D--Missile Defense Programs
Sec. 1661. Notification of changes to non-standard acquisition and
requirements processes and responsibilities of Missile
Defense Agency.
Sec. 1662. Limitation on Missile Defense Agency production of
satellites and ground systems associated with operation
of such satellites.
Sec. 1663. Extension of period for transition of ballistic missile
defense programs to military departments.
Sec. 1664. Directed energy programs for ballistic and hypersonic
missile defense.
Sec. 1665. Guam integrated air and missile defense system.
Sec. 1666. Missile defense radar in Hawaii.
Sec. 1667. Certification required for Russia and China to tour certain
missile defense sites.
Sec. 1668. Next generation interceptors for missile defense of the
United States homeland.
Sec. 1669. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production.
Sec. 1670. Update of study on discrimination capabilities of the
ballistic missile defense system.
Sec. 1671. Semiannual updates on meetings held by the Missile Defense
Executive Board.
Sec. 1672. Matters regarding Integrated Deterrence Review.
Sec. 1673. Semiannual notifications regarding missile defense tests and
costs.
Sec. 1674. Report on senior leadership of Missile Defense Agency.
Sec. 1675. Independent study of roles and responsibilities of
Department of Defense components relating to missile
defense.
Subtitle E--Other Matters
Sec. 1681. Cooperative threat reduction funds.
Sec. 1682. Modification to estimate of damages from Federal
Communications Commission Order 20-48.
Sec. 1683. Establishment of office, organizational structure, and
authorities to address unidentified aerial phenomena.
Sec. 1684. Determination on certain activities with unusually hazardous
risks.
Sec. 1685. Study by Public Interest Declassification Board relating to
certain tests in the Marshall Islands.
Sec. 1686. Protection of Major Range and Test Facility Base.
Sec. 1687. Congressional Commission on the Strategic Posture of the
United States.
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to
title XVIII of the Fiscal Year 2021 NDAA.
Sec. 1702. Conforming cross reference technical amendments related to
the transfer and reorganization of defense acquisition
statutes.
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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 and automatic execution of conforming changes
to tables of sections, tables of contents, and similar
tabular entries.
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. Additional authority to carry out fiscal year 2018 project
at Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2107. 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 and modification of authority to carry out certain
fiscal years 2017 and 2019 projects.
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. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Conditions on closure of certain portion 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. Public availability of information on Facilities
Sustainment, Restoration, and Modernization projects.
Sec. 2802. Limitations on authorized cost and scope of work variations.
Sec. 2803. Department of Defense stormwater management projects for
military installations and defense access roads.
Sec. 2804. Use of amounts available for operation and maintenance in
carrying out military construction projects for energy
resilience, energy security, or energy conservation.
Sec. 2805. Flood risk management for military construction.
Sec. 2806. 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. Modification of calculation of military housing contractor
pay for privatized military housing.
Sec. 2812. Applicability of window fall prevention requirements to all
military family housing whether privatized or Government-
owned and Government-controlled.
Sec. 2813. Applicability of disability laws to privatized military
housing units and clarification of prohibition against
collection from tenants of amounts in addition to rent.
Sec. 2814. Required investments in improving military unaccompanied
housing.
Sec. 2815. Improvement of security of lodging and living spaces on
military installations.
Sec. 2816. 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.
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. Additional changes to requirements regarding master plans
for major military installations.
Sec. 2833. Prompt completion of military installation resilience
component of master plans for at-risk major military
installations.
Sec. 2834. Master plans and investment strategies for Army ammunition
plants guiding future infrastructure, facility, and
production equipment improvements.
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. Revisions to Unified Facilities Criteria regarding use of
variable refrigerant flow systems.
Sec. 2843. Amendment of Unified Facilities Criteria to promote energy
efficient military installations.
Sec. 2844. Additional Department of Defense activities to improve
energy resiliency of military installations.
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, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Department of Defense excess property, St.
Louis, Missouri.
Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to City of Virginia Beach, Virginia.
Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to School Board of City of Virginia Beach,
Virginia.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of sustainable building
materials in military construction.
Sec. 2862. Pilot program on establishment of account for reimbursement
for use of testing facilities at installations of the
Department of the Air Force.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services
provided by Naval Facilities Engineering Systems Command
Pacific.
Sec. 2872. Annual congressional briefing on renewal of Department of
Defense easements and leases of land in Hawai`i.
Sec. 2873. Hawai`i Military Land Use Master Plan.
Subtitle I--One-Time Reports and Other Matters
Sec. 2881. Clarification of installation and maintenance requirements
regarding fire extinguishers in Department of Defense
facilities.
Sec. 2882. GAO review and report of military construction contracting
at military installations inside the United States.
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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, and Limitations
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Improvements to cost estimates informing analyses of
alternatives.
Sec. 3113. University-based defense nuclear policy collaboration
program.
Sec. 3114. Defense environmental cleanup programs.
Sec. 3115. Modification of requirements for certain construction
projects.
Sec. 3116. Updates to infrastructure modernization initiative.
Sec. 3117. Extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at
vulnerable sites worldwide.
Sec. 3119. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Portfolio management framework for National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modifications to certain reporting requirements.
Sec. 3132. Modification to terminology for reports on financial
balances for atomic energy defense activities.
Sec. 3133. Improvements to annual reports on condition of the United
States nuclear weapons stockpile.
Sec. 3134. Report on plant-directed research and development.
Sec. 3135. Reports on risks to and gaps in industrial base for nuclear
weapons components, subsystems, and materials.
Sec. 3136. Transfer of building located at 4170 Allium Court,
Springfield, Ohio.
Sec. 3137. Comprehensive strategy for treating, storing, and disposing
of defense nuclear waste resulting from stockpile
maintenance and modernization activities.
Sec. 3138. Acquisition of high-performance computing capabilities by
National Nuclear Security Administration.
Sec. 3139. Study on the W80-4 nuclear warhead life extension program.
Sec. 3140. Study on Runit Dome and related hazards.
Sec. 3141. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. References to Chairperson and Vice Chairperson of Defense
Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME SECURITY
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Subtitle B--Other Matters
Sec. 3511. Effective period for issuance of documentation for
recreational vessels.
Sec. 3512. Committees on maritime matters.
Sec. 3513. Port Infrastructure Development Program.
Sec. 3514. Uses of emerging marine technologies and practices.
Sec. 3515. Prohibition on participation of long term charters in Tanker
Security Fleet.
Sec. 3516. Coastwise endorsement.
Sec. 3517. Report on efforts of combatant commands to combat threats
posed by illegal, unreported, and unregulated fishing.
Sec. 3518. 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--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 5101. Sense of Congress on importance of Department of State's
work.
Sec. 5102. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 5104. Office of International Disability Rights.
Sec. 5105. Special appointment authority.
Sec. 5106. Repeal of authority for Special Representative and Policy
Coordinator for Burma.
Sec. 5107. Anti-piracy information sharing.
Sec. 5108. Importance of foreign affairs training to national security.
Sec. 5109. Classification and assignment of Foreign Service officers.
Sec. 5110. Reporting on implementation of GAO recommendations.
Sec. 5111. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and detention of U.S.-
flag fishing vessels by foreign governments.
Sec. 5112. Art in embassies.
Sec. 5113. International fairs and expositions.
Sec. 5114. Amendment or repeal of reporting requirements.
TITLE LII--EMBASSY CONSTRUCTION
Sec. 5201. Embassy security, construction, and maintenance.
Sec. 5202. Standard design in capital construction.
Sec. 5203. Capital construction transparency.
Sec. 5204. Contractor performance information.
Sec. 5205. Growth projections for new embassies and consulates.
Sec. 5206. Long-range planning process.
Sec. 5207. Value engineering and risk assessment.
Sec. 5208. Business volume.
Sec. 5209. Embassy security requests and deficiencies.
Sec. 5210. Overseas security briefings.
Sec. 5211. Contracting methods in capital construction.
Sec. 5212. Competition in embassy construction.
Sec. 5213. Statement of policy.
Sec. 5214. Definitions.
TITLE LIII--PERSONNEL ISSUES
Sec. 5301. Defense Base Act insurance waivers.
Sec. 5302. Study on Foreign Service allowances.
Sec. 5303. Science and technology fellowships.
Sec. 5304. Travel for separated families.
Sec. 5305. Home leave travel for separated families.
Sec. 5306. Sense of Congress regarding certain fellowship programs.
Sec. 5307. Technical correction.
Sec. 5308. Foreign Service awards.
Sec. 5309. Workforce actions.
Sec. 5310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 5311. Employee assignment restrictions and preclusions.
Sec. 5312. Recall and reemployment of career members.
Sec. 5313. Strategic staffing plan for the Department of State.
Sec. 5314. Consulting services.
Sec. 5315. Incentives for critical posts.
Sec. 5316. Extension of authority for certain accountability review
boards.
Sec. 5317. Foreign Service suspension without pay.
Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 5319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 5320. Appointment of employees to the Global Engagement Center.
Sec. 5321. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 5322. Report relating to Foreign Service Officer training and
development.
Sec. 5323. Cooperation with Office of the Inspector General.
Sec. 5324. Information on educational opportunities for children with
special education needs consistent with the Individuals
with Disabilities Education Act.
Sec. 5325. Implementation of gap memorandum in selection board process.
TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 5401. Definitions.
Sec. 5402. Exit interviews for workforce.
Sec. 5403. Recruitment and retention.
Sec. 5404. Leadership engagement and accountability.
Sec. 5405. Professional development opportunities and tools.
Sec. 5406. Examination and oral assessment for the Foreign Service.
Sec. 5407. Payne fellowship authorization.
Sec. 5408. Voluntary participation.
TITLE LV--INFORMATION SECURITY
Sec. 5501. Definitions.
Sec. 5502. List of certain telecommunications providers.
Sec. 5503. Preserving records of electronic communications.
[[Page H6943]]
Sec. 5504. Foreign Relations of the United States (FRUS) series and
declassification.
TITLE LVI--PUBLIC DIPLOMACY
Sec. 5601. Short title.
Sec. 5602. Avoiding duplication of programs and efforts.
Sec. 5603. Improving research and evaluation of public diplomacy.
Sec. 5604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 5605. Streamlining of support functions.
Sec. 5606. Guidance for closure of public diplomacy facilities.
Sec. 5607. Definitions.
TITLE LVII--OTHER MATTERS
Sec. 5701. Limitation on assistance to countries in default.
Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 5703. Chief of mission concurrence.
Sec. 5704. Report on efforts of the Coronavirus Repatriation Task
Force.
DIVISION F--OTHER NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LXI--FINANCIAL SERVICES MATTERS
Sec. 6101. FinCEN Exchange.
Sec. 6102. Adverse information in cases of trafficking.
Sec. 6103. Support to enhance the capacity of International Monetary
Fund members to evaluate the legal and financial terms of
sovereign debt contracts.
Sec. 6104. United States policy on Burma at the International Monetary
Fund, the World Bank Group, and the Asian Development
Bank.
Sec. 6105. United States policy regarding international financial
institution assistance with respect to advanced wireless
technologies.
Sec. 6106. Illicit finance improvements.
Sec. 6107. Briefing on delegation of examination authority under the
Bank Secrecy Act.
TITLE LXII--FOREIGN SERVICE FAMILIES ACT OF 2021
Sec. 6201. Short title.
Sec. 6202. Telecommuting opportunities.
Sec. 6203. Employment and education programs for eligible family
members of members of the Foreign Service.
Sec. 6204. Briefing on Foreign Service family reserve corps.
Sec. 6205. Treatment of family members seeking positions customarily
filled by Foreign Service officers or foreign national
employees.
Sec. 6206. In-State tuition rates for members of qualifying Federal
service.
Sec. 6207. Termination of residential or motor vehicle leases and
telephone service contracts for certain members of the
Foreign Service.
TITLE LXIII--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
Sec. 6301. Short title.
Sec. 6302. Clarifying amendments to definitions.
Sec. 6303. Barry Goldwater Scholarship and Excellence in Education
Awards.
Sec. 6304. Stipends.
Sec. 6305. Scholarship and research internship conditions.
Sec. 6306. Sustainable investments of funds.
Sec. 6307. Administrative provisions.
TITLE LXIV--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
Sec. 6401. Employee engagement steering committee and action plan.
Sec. 6402. Annual employee award program.
Sec. 6403. Chief Human Capital Officer responsibilities.
Sec. 6404. Independent investigation and implementation plan.
Sec. 6405. Authorization of the acquisition professional career
program.
Sec. 6406. National urban security technology laboratory.
Sec. 6407. Department of Homeland Security Blue Campaign enhancement.
Sec. 6408. Medical countermeasures program.
Sec. 6409. Critical domain research and development.
Sec. 6410. CBP Donations Acceptance Program Reauthorization.
Subtitle B--Transportation Security
Sec. 6411. Survey of the Transportation Security Administration
workforce regarding COVID-19 response.
Sec. 6412. Transportation Security Preparedness Plan.
Sec. 6413. Authorization of Transportation Security Administration
personnel details.
Sec. 6414. Transportation Security Administration preparedness.
Sec. 6415. Plan to reduce the spread of coronavirus at passenger
screening checkpoints.
Sec. 6416. Comptroller General review of Department of Homeland
Security trusted traveler programs.
Sec. 6417. Enrollment redress with respect to Department of Homeland
Security trusted traveler programs.
Sec. 6418. Threat information sharing.
Sec. 6419. Local law enforcement security training.
Sec. 6420. Allowable uses of funds for public transportation security
assistance grants.
Sec. 6421. Periods of performance for public transportation security
assistance grants.
Sec. 6422. GAO review of public transportation security assistance
grant program.
Sec. 6423. Sensitive security information; aviation security.
TITLE LXV--OTHER MATTERS RELATING TO FOREIGN AFFAIRS
Sec. 6501. Authorization for United States Participation in the
Coalition for Epidemic Preparedness Innovations.
Sec. 6502. Required notification and reports related to Peacekeeping
Operations account.
Sec. 6503. Transnational Repression Accountability and Prevention.
Sec. 6504. Human rights awareness for American athletic delegations.
Sec. 6505. Cooperation between the United States and Ukraine regarding
the titanium industry.
Sec. 6506. Updates to the National Strategy for Combating Terrorist and
Other Illicit Financing.
Sec. 6507. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6508. Annual report on United States policy toward South Sudan.
Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6510. Supporting democracy in Burma.
Sec. 6511. United States Grand Strategy with respect to China.
TITLE LXVI--OTHER MATTERS
Sec. 6601. Eligibility of certain individuals who served with special
guerrilla units or irregular forces in Laos for interment
in national cemeteries.
Sec. 6602. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt and
Syria.
Sec. 6603. Anomalous health incidents interagency coordinator.
Sec. 6604. Chief Human Capital Officers Council annual report.
Sec. 6605. National Global War on Terrorism Memorial.
Sec. 6606. Establishment of Subcommittee on the Economic and Security
Implications of Quantum Information Science.
Sec. 6607. Study and report on the redistribution of COVID-19 vaccine
doses that would otherwise expire to foreign countries
and economies.
Sec. 6608. Catawba Indian Nation lands.
Sec. 6609. Property disposition for affordable housing.
Sec. 6610. Blocking deadly fentanyl imports.
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.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
December 8, 2021, by the Chairman of the Committee on Armed
Services of the House of Representatives and the Chairman of
the Committee on Armed Services of the Senate, shall have the
same effect with respect to the implementation of this Act as
if it were a joint explanatory statement of a committee of
conference.
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. Modification of deployment by the Army of interim cruise
missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache
helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the
Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for
the next generation squad weapon.
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh
Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for
the procurement of Flight III Arleigh Burke class
destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier
air wings.
[[Page H6944]]
Sec. 127. Report on material readiness of Virginia class submarines of
the Navy.
Subtitle D--Air Force Programs
Sec. 131. Extension of inventory requirement for Air Force fighter
aircraft.
Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on
bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain
air refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical
airlift aircraft.
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. Transfer of F-35 program responsibilities from the F-35 Joint
Program Office to the Department of the Air Force and the
Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of
aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. Reports on exercise of waiver authority with respect to
certain aircraft ejection seats.
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. MODIFICATION OF DEPLOYMENT BY THE ARMY OF INTERIM
CRUISE MISSILE DEFENSE CAPABILITY.
Section 112(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1660), as amended by section 111(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is further amended--
(1) in paragraph (1), by striking ``shall deploy the
capability as follows:'' and all that follows through the
period at the end and inserting ``shall deploy two batteries
of the capability by not later than September 30, 2020.'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``deadlines'' and
inserting ``deadline'';
(B) in the matter preceding subparagraph (A), by striking
``deadlines'' and inserting ``deadline'';
(C) in subparagraph (F), by adding ``and'' at the end;
(D) by striking subparagraph (G); and
(E) by redesignating subparagraph (H) as subparagraph (G);
and
(3) in paragraph (4), by striking ``deadlines specified in
paragraph (1):'' and all that follows through the period at
the end and inserting ``deadline specified in paragraph (1)
if the Secretary determines that sufficient funds have not
been appropriated to enable the Secretary to meet such
deadline.''.
SEC. 112. 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. 113. 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. 114. 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. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT
ON THE INTEGRATED VISUAL AUGMENTATION SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for the Army for procurement for the Integrated Visual
Augmentation System, not more than 75 percent may be
obligated or expended until the date on which the Secretary
of the Army submits to the congressional defense committees
the report required under subsection (b).
(b) Report Required.--
(1) In general.--Not later than the date specified in
paragraph (3), the Secretary of the Army shall submit to the
congressional defense committees a report on the Integrated
Visual Augmentation System of the Army.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A certification from the Secretary of the Army that the
Integrated Visual Augmentation System is sufficiently
reliable to meet operational needs for mean time between
failure to support planned operational mission profiles.
(B) A certification from the Secretary of the Army that the
tactical network is sufficiently suitable and reliable to
support the operational employment of the System, including
the System's ability to integrate into command networks.
(C)(i) A certification from the Secretary of the Army that
the duration of the System's battery power is suitable and
reliable enough to meet planned operational mission
requirements.
(ii) A plan to ensure the battery management of the System
meets such requirements.
(D) A plan to enable the System to display position
location and identification information for adjacent units,
non-System-equipped platforms, and soldiers.
(E) A plan, including critical milestones, to achieve
certified three-dimensional geospatial data within the System
for dynamic and precision targeting.
(F) A basis-of-issue plan based on lessons from the
developmental and operational testing of the System.
(G) A plan for iterative improvements to sensors, software,
and form factor throughout production and procurement of the
System.
(H) Any other matters that the Secretary considers relevant
to the full understanding of the status of and plan for the
System.
(3) Date specified.--The date specified in this paragraph
is a date selected by the Secretary of the Army that is not
later than 60 days after the date on which initial
operational testing of the Integrated Visual Augmentation
System of the Army has been completed.
(c) Assessment Required.--Not later than 60 days after the
date on which the Secretary of the Army submits the report
required under subsection (b), the Director of Operational
Test and Evaluation shall submit to the congressional defense
committees an assessment of the validity, reliability, and
objectivity of the report with respect to each element
described in subsection (b)(2).
SEC. 116. STRATEGY AND AUTHORITY FOR THE PROCUREMENT OF
COMPONENTS FOR THE NEXT GENERATION SQUAD
WEAPON.
(a) Strategy Required.--The Secretary of the Army shall
develop and implement a competitive procurement strategy to
identify, test, qualify, and procure components and
accessories for the next generation squad weapon of the Army,
including magazines, that are capable of improving the
performance of such weapon, with an emphasis on the
procurement of--
(1) commercially available off-the-shelf items;
(2) nondevelopmental items; and
(3) components and accessories previously developed by the
Army that may be used for such weapon.
(b) Market Survey.--Upon receipt of the initial operational
test and evaluation report for the next generation squad
weapon, the Secretary of the Army shall initiate a market
survey to identify components and accessories for the weapon
that meet the criteria described in subsection (a).
(c) Authorization.--After completing the market survey
under subsection (b), the Secretary of the Army may enter
into one or more contracts for the procurement of components
and accessories for the next generation squad weapon that
meet the criteria described in subsection (a).
(d) Information to Congress.--Not later than one year after
receiving the initial operational test and evaluation report
for the next
[[Page H6945]]
generation squad weapon, the Secretary of the Army shall
submit to the congressional defense committees a report that
includes--
(1) the competitive acquisition strategy developed under
subsection (a), including timelines for the fielding of
components and accessories for such weapon that--
(A) are commercially available off-the-shelf items or
nondevelopmental items; and
(B) are capable of improving the performance of such
weapon;
(2) an assessment of the mean rounds between stoppage and
mean rounds between failure of the next generation squad
weapon, including a comparison of--
(A) the mean rounds between stoppage and mean rounds
between failure of such weapon; and
(B) the mean rounds between stoppage and mean rounds
between failure of currently fielded weapons;
(3) an explanation of whether any items identified in the
market survey conducted under subsection (b) demonstrate the
ability to increase the mean rounds between stoppage or the
mean rounds between failure of the next generation squad
weapon; and
(4) a plan to increase the mean rounds between stoppage and
mean rounds between failure of the next generation squad
weapon.
(e) Definitions.--In this section:
(1) The term ``commercially available off-the-shelf items''
has the meaning given that term in section 104 of title 41,
United States Code.
(2) The term ``nondevelopmental items'' has the meaning
given that term in section 110 of title 41, United States
Code.
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. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1665), as most recently amended by section 127 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``for fiscal years 2019, 2020,
or 2021'' and inserting ``for fiscal years 2019, 2020, 2021,
or 2022''.
SEC. 123. EXTENSION OF REPORT ON LITTORAL COMBAT SHIP MISSION
PACKAGES.
Section 123(a)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2030) is
amended by striking ``fiscal year 2022'' and inserting
``fiscal year 2027''.
SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO
ARLEIGH BURKE CLASS DESTROYERS.
(a) In General.--The Secretary of the Navy shall ensure
that an advanced degaussing system is incorporated into any
Arleigh Burke class destroyer procured in fiscal year 2025 or
any subsequent fiscal year pursuant to a covered contract.
(b) Covered Contract Defined.--In this section, the term
``covered contract'' means an annual or multiyear contract
for the procurement of an Arleigh Burke class destroyer that
is entered into by the Secretary of the Navy on or after the
date of the enactment of this Act.
SEC. 125. REPORT ON THE POTENTIAL BENEFITS OF A MULTIYEAR
CONTRACT FOR THE PROCUREMENT OF FLIGHT III
ARLEIGH BURKE CLASS DESTROYERS.
(a) In General.--Not later than March 1, 2022, the
Secretary of the Navy shall submit to the congressional
defense committees a report on the potential benefits of a
multiyear contract for the period of fiscal years 2023
through 2027 for the procurement of Flight III Arleigh Burke
class destroyers in the quantities specified in subsection
(c).
(b) Elements.--The report required by subsection (a) shall
include preliminary findings, and the basis for such
findings, of the Secretary with respect to whether--
(1) the use of a contract described in such subsection
could result in significant savings compared to the total
anticipated costs of carrying out the program through annual
contracts;
(2) the minimum need for the destroyers described in such
subsection to be purchased is expected to remain
substantially unchanged during the contemplated contract
period in terms of production rate, procurement rate, and
total quantities;
(3) there is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to
avoid contract cancellation;
(4) there is a stable design for the destroyers to be
acquired and that the technical risks associated with such
property are not excessive;
(5) the estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a multiyear
contract are realistic;
(6) the use of such a contract will promote the national
security of the United States; and
(7) a decision not to use such a contract will affect the
industrial base and, if so, the nature of such effects.
(c) Evaluation by Quantity.--The report required by
subsection (a) shall evaluate the potential of procuring each
of the following quantities of Flight III Arleigh Burke-class
destroyers over the period described in such subsection:
(1) 10.
(2) 12.
(3) 15.
(4) Any other quantities the Secretary of the Navy
considers appropriate.
SEC. 126. ACQUISITION, MODERNIZATION, AND SUSTAINMENT PLAN
FOR CARRIER AIR WINGS.
(a) Plan Required.--Not later than April 1, 2022, the
Secretary of the Navy shall submit to the congressional
defense committees a 15-year acquisition, modernization, and
sustainment plan for the carrier air wings of the Navy.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1)(A) An assessment of whether and to what extent the
capabilities, capacity, and composition of the carrier air
wings in existence as of the date of plan meet the
requirements of the National Defense Strategy; and
(B) a plan to address any known shortfalls of such carrier
wings, including shortfalls with respect to aerial refueling
aircraft capacity and strike-fighter combat radius.
(2) An operational risk assessment and risk mitigation plan
regarding the nine carrier air wings that, as of the date of
the plan, support combatant commander steady-state peacetime
and potential major contingency requirements.
(3) An explanation of when the Secretary of the Navy will
field a minimum of 10 carrier air wings in accordance with
section 8062(e) of title 10, United States Code.
(4) An identification and explanation of the role of
autonomous and remotely-piloted aircraft, including the MQ-25
aircraft, and other potential capabilities and platforms
planned to be fielded in future carrier air wings.
(5) A detailed deck and hangar space plan that supports
realistic peacetime steady-state or contingency surge level
fixed-wing aircraft and rotorcraft preparation activities,
flight operations, and onboard unit-level maintenance,
repair, and sustainment activities for future carrier air
wings.
(6) An appropriate modernization plan to maximize
operational use of platforms in existence as of the date of
the plan, particularly the EA-18G aircraft and the E-2D
aircraft, by leveraging available technologies such as Next
Generation Jammer.
(7) An identification of the logistics supply chain support
and modernization plan required during peacetime steady-state
and contingency operations for future carrier air wings,
particularly as it relates to implementing the organic C-130
and C-40 logistics tethering strategy.
(8) A detailed explanation for the Secretary of the Navy's
decision to modify carrier air wing composition to one
squadron of 14 F-35C aircraft instead of the originally
planned two squadrons of 10 F-35C aircraft.
SEC. 127. REPORT ON MATERIAL READINESS OF VIRGINIA CLASS
SUBMARINES OF THE NAVY.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on
the material readiness of the Virginia class submarines.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the number of components and parts
that have required replacement prior to the end of their
estimated useful life or scheduled replacement timeline,
including efforts to increase the reliability of ``life of
ship'' components.
(2) An assessment of the extent to which part and material
shortages have impacted deployment and maintenance
availability schedules, including an estimate of the number
of active part cannibalizations or other actions taken to
mitigate those impacts.
(3) An identification of the planned lead time to obtain
key material for Virginia class submarines from shipbuilders
and vendors.
(4) An identification of the actual lead time to obtain
such material from shipbuilders and vendors.
(5) An identification of the cost increases of key
components and parts for new construction and maintenance
availabilities above planned material costs.
(6) An assessment of potential courses of action to improve
the material readiness of the Virginia class submarines,
including efforts to align new construction shipyards with
maintenance shipyards and Naval Sea Systems Command to
increase predictability of materials and purchasing power.
(7) Such recommendations as the Secretary may have for
legislative changes, authorities, realignments, and
administrative actions, including reforms of the Federal
Acquisition Regulation, to improve the material readiness of
the Virginia class submarines.
(8) Such other elements as the Secretary considers
appropriate.
Subtitle D--Air Force Programs
SEC. 131. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE
FIGHTER AIRCRAFT.
(a) Extension of Inventory Requirement.--Section 9062(i)(1)
of title 10, United States Code, is amended by striking
``October 1, 2022'' and inserting ``October 1, 2026''.
(b) Reports on Retirement of Air Force Fighter Aircraft.--
Section 131 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1314; 10
U.S.C. 9062 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Report on Retirement of Aircraft.--
``(1) In general.--Beginning with fiscal year 2023, for any
fiscal year in which the Secretary of the Air Force expects
the total aircraft inventory of fighter aircraft of the Air
Force or the total primary mission aircraft inventory of
fighter aircraft of the Air Force to decrease below the
levels specified in section 9062(i)(1) of title 10, United
States Code, the Secretary of the
[[Page H6946]]
Air Force shall submit to the congressional defense
committees a report setting forth the following:
``(A) A detailed rationale for the retirement of existing
fighter aircraft and a detailed operational analysis of the
portfolio of capabilities of the Air Force that demonstrates
performance of the designated mission at an equal or greater
level of effectiveness as the retiring aircraft.
``(B) An assessment of the implications for the Air Force,
the Air National Guard, and the Air Force Reserve of the
force mix ratio of fighter aircraft and how existing aircraft
inventory levels and unit personnel levels for the active and
reserve components are proposed to change during the fiscal
year in which fighter aircraft will be retired.
``(C) A detailed assessment of the current operational risk
and the operational risk that will be incurred for meeting--
``(i) the requirements of the National Defense Strategy and
combatant commanders; and
``(ii) operational plans for major contingency operations
and steady-state or rotational operations.
``(D) Such other matters relating to the retirement of
fighter aircraft as the Secretary considers appropriate.
``(2) Timing of report.--Each report required under
paragraph (1) shall be included in the materials submitted in
support of the budget of the President (as submitted to
Congress under section 1105(a) of title 31, United States
Code) for the fiscal year in which applicable decrease in
fighter aircraft inventory levels is expected to occur.'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
SEC. 132. 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. 133. PROHIBITION ON CERTAIN REDUCTIONS TO B-1 BOMBER
AIRCRAFT SQUADRONS.
(a) Prohibition.--During the covered period, the Secretary
of the Air Force may not--
(1) modify the designed operational capability statement
for any B-1 bomber aircraft squadron, as in effect on the
date of the enactment of this Act, in a manner that would
reduce the capabilities of such a squadron below the levels
specified in such statement as in effect on such date; or
(2) reduce, below the levels in effect on such date of
enactment, the number of personnel assigned to units
responsible for the operation and maintenance of B-1 aircraft
if such reduction would affect the ability of such units to
meet the capability described in paragraph (1).
(b) Exception.--The prohibition under subsection (a) shall
not apply to an individual unit for which the Secretary of
the Air Force has commenced the process of replacing B-1
bomber aircraft with B-21 bomber aircraft.
(c) Definitions.--In this section:
(1) The term ``covered period'' means the period beginning
on the date of the enactment of this Act and ending on
September 30, 2023.
(2) The term ``designed operational capability statement''
has the meaning given that term in Air Force Instruction 10-
201.
SEC. 134. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10
AIRCRAFT.
(a) Prohibition.--Notwithstanding sections 134 and 135 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2037), and except as provided
in subsection (b), none of the funds authorized to be
appropriated by this Act for fiscal year 2022 for the Air
Force may be obligated to retire, prepare to retire, or place
in storage or on backup aircraft inventory status any A-10
aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall
not apply to an individual A-10 aircraft that the Secretary
of the Air Force determines, on a case-by-case basis, to be
no longer mission capable because of a Class A mishap.
(2) Certification required.--If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional
defense committees a certification that the status of such
aircraft is due to a Class A mishap and not due to lack of
maintenance or repairs or other reasons.
(3) Certification additional.--Any certification submitted
under paragraph (2) shall be in addition to the notification
and certification required by section 135(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2039).
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52
COMMERCIAL ENGINE REPLACEMENT PROGRAM.
(a) Limitation.--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, not more than 75 percent may be
obligated or expended until the date on which the Secretary
of Defense submits to the congressional defense committees
the report 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 2020 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, as if the Department had submitted a Selected
Acquisition Report for the Program that included the Baseline
Estimate for the Program for fiscal year 2020 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. 136. LIMITATION ON AVAILABILITY OF FUNDS PENDING
INFORMATION ON BRIDGE TANKER AIRCRAFT.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for the Office of the Secretary of the Air Force for travel
expenses, not more than thirty-five percent may be obligated
or expended until--
(1) the Vice Chairman of the Joint Chiefs of Staff submits
to the congressional defense committees a report outlining
the requirements for the bridge tanker aircraft; and
(2) the Secretary of the Air Force submits to the
congressional defense committees--
(A) a report detailing the acquisition strategy for the
bridge tanker aircraft;
(B) a certification identifying the amount of funds
required for the acquisition of the bridge tanker aircraft;
and
(C) a plan for the development of the advanced aerial
refueling tanker aircraft (commonly referred to as the ``KC-
Z'').
(b) Bridge Tanker Aircraft Defined.--In this section, the
term ``bridge tanker aircraft'' means the follow-on tanker
aircraft (commonly referred to as the ``KC-Y'').
SEC. 137. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING TO
CERTAIN AIR REFUELING TANKER AIRCRAFT.
(a) Repeal of Minimum Inventory Requirements for KC-10A
Aircraft.--Section 135 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(3) in subsection (b), as so redesignated, by striking
``subsection (e)'' and inserting ``subsection (d)''; and
(4) by amending subsection (d), as so redesignated, to read
as follows:
``(d) Exceptions.--The requirement in subsection (b) shall
not apply to an aircraft otherwise required to be maintained
by that subsection if the Secretary of the Air Force--
``(1) at any time during the period beginning on the date
of the enactment of this Act and ending on October 1, 2023,
determines, on a case-by-case basis, that such aircraft is no
longer mission capable due to mishap or other damage, or
being uneconomical to repair; or
``(2) during fiscal year 2023, certifies in writing to the
congressional defense committees, not later than 30 days
before the date of divestment of such aircraft, that the Air
Force can meet combatant command tanker aircraft requirements
by leveraging Air National Guard and Air Force Reserve
capacity with increased Military Personnel Appropriation
(MPA) Man-day Tours to the reserve force.''.
(b) Limitation on Retirement of KC-135 Aircraft.--
(1) Limitation.--Notwithstanding section 135 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) and 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.
[[Page H6947]]
(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. 138. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.
(a) Minimum Inventory Requirement.--During the covered
period, 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) Covered Period Defined.--In this section, the term
``covered period'' means the period--
(1) beginning on October 1, 2021; and
(2) ending on the later of--
(A) October 1, 2022; or
(B) the date of the enactment of the next National Defense
Authorization Act enacted after the date of the enactment of
this Act.
SEC. 139. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF
TACTICAL AIRLIFT AIRCRAFT.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees a
report on any plans of the Air Force to reduce the total
number of tactical airlift aircraft in the inventory of the
Air Force.
(b) Elements.--The report required under subsection (a)
shall include, with respect to any plan of the Air Force to
reduce the total number of tactical airlift aircraft--
(1) the justification for such reduction;
(2) an explanation of whether and to what extent domestic
operations was considered as part of such justification;
(3) analysis of the role of domestic operations during
concurrent contingency operations;
(4) analysis of the C-130 aircraft force structures
recommended to support wartime mobility requirements as set
forth in--
(A) the mobility capability and requirements study
conducted under section 144(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1321); and
(B) the mobility capability requirements study conducted
under section 1712 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1803);
(5) the Secretary's justification for any increased risk
that may result from accepting a C-130 aircraft force
structure smaller than the force structure recommended by
such studies; and
(6) an explanation of whether and to what extent Governors
of States that may be affected by the planned reduction were
consulted as part of the decision making process.
(c) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
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) the affordability cost target for F-35A aircraft of the
Air Force (as determined by the Secretary of the Air Force in
accordance with subsection (e)), 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 (f)).
(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) the affordability cost target for F-35B aircraft of the
Marine Corps (as determined by the Secretary of the Navy in
accordance with subsection (e)), 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 (f)).
(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) the affordability cost target for F-35C aircraft of the
Navy (as determined by the Secretary of the Navy in
accordance with subsection (e)), 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 (f)).
(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) the affordability cost target for F-35C aircraft of the
Marine Corps (as determined by the Secretary of the Navy in
accordance with subsection (e)), 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 (f)).
(e) Determination of Required Affordability Cost Targets.--
(1) Air force.--Not later than October 1, 2025, the
Secretary of the Air Force shall--
(A) determine an affordability cost target to be used for
purposes of subsection (a)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required
cost-per-tail-per-year for an F-35A aircraft of the Air force
for fiscal year 2027; and
(B) submit to the congressional defense committees a
certification identifying the affordability cost target
determined under subparagraph (A).
(2) Navy and marine corps.--Not later than October 1, 2025,
the Secretary of the Navy shall--
(A) determine an affordability cost target to be used for
purposes of subsection (b)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required
cost-per-tail-per-year for an F-35B aircraft of the Marine
Corps for fiscal year 2027;
(B) determine an affordability cost target to be used for
purposes of subsection (c)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required
cost-per-tail-per-year for an F-35C aircraft of the Navy for
fiscal year 2027;
(C) determine an affordability cost target to be used for
purposes of subsection (d)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required
cost-per-tail-per-year for an F-35C aircraft of the Marine
Corps for fiscal year 2027; and
(D) submit to the congressional defense committees a
certification identifying each affordability cost target
determined under subparagraphs (A) through (C).
(f) Determination of Actual 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 fiscal
year 2027;
(ii) the F-35C aircraft of the Navy during fiscal year
2027; and
(iii) the F-35C aircraft of the Marine Corps during fiscal
year 2027.
(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.
(g) 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.
(h) Aircraft Defined.--In this section, the term
``aircraft'' means aircraft owned and operated by an Armed
Force of the United States
[[Page H6948]]
and does not include aircraft owned or operated by an armed
force of a foreign country.
SEC. 142. TRANSFER OF F-35 PROGRAM RESPONSIBILITIES FROM THE
F-35 JOINT PROGRAM OFFICE TO THE DEPARTMENT OF
THE AIR FORCE AND THE DEPARTMENT OF THE NAVY.
(a) Transfer of Functions.--
(1) Sustainment functions.--Not later than October 1, 2027,
the Secretary of Defense shall transfer all functions
relating to the management, planning, and execution of
sustainment activities for the F-35 aircraft program from the
F-35 Joint Program Office to the Secretary of the Air Force
and the Secretary of the Navy as follows:
(A) All functions of the F-35 Joint Program Office relating
to the management, planning, and execution of sustainment
activities for F-35B and F-35C aircraft shall be transferred
to the Department of the Navy, and the Secretary of the Navy
shall be the official in the Department of Defense with
principal responsibility for carrying out such functions.
(B) All functions of the F-35 Joint Program Office relating
to the management, planning, and execution of sustainment
activities for F-35A aircraft shall be transferred to the
Department of the Air Force, and the Secretary of the Air
Force shall be the official in the Department of Defense with
principal responsibility for carrying out such functions.
(2) Acquisition functions.--Not later than October 1, 2029,
the Secretary of Defense shall transfer all acquisition
functions for the F-35 aircraft program from the F-35 Joint
Program Office to the Secretary of the Air Force and the
Secretary of the Navy as follows:
(A) All functions of the F-35 Joint Program Office relating
to the acquisition of F-35B and F-35C aircraft shall be
transferred to the Department of the Navy, and the Secretary
of the Navy shall be the official in the Department of
Defense with principal responsibility for carrying out such
functions.
(B) All functions of the F-35 Joint Program Office relating
to the acquisition of F-35A aircraft shall be transferred to
the Department of the Air Force, and the Secretary of the Air
Force shall be the official in the Department of Defense with
principal responsibility for carrying out such functions.
(b) Transition Plan.--Not later than October 1, 2022, the
Under Secretary of Defense for Acquisition and Sustainment,
in coordination with the Secretary of the Air Force and the
Secretary of the Navy, shall submit to the congressional
defense committees a plan for carrying out the transfers
required under subsection (a).
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR-BASED
AND SPACE-BASED GROUND MOVING TARGET INDICATOR
CAPABILITIES.
(a) Review of Redundancies.--The Secretary of Defense shall
conduct a review of all established and planned efforts to
provide air-based and space-based ground moving target
indicator capability to identify, eliminate, and prevent
redundancies of such efforts across the Department of
Defense.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for the capability described in subsection (a), not more than
75 percent may be obligated or expended for procurement or
research and development for such capability until the date
on which the Vice Chairman of the Joint Chiefs of Staff
submits to the congressional defense committees the
information required under subsection (c).
(c) Information Required.--The Vice Chairman of the Joint
Chiefs of Staff, in consultation with the Secretaries of the
military departments and the heads of such other agencies as
the Secretary of Defense considers relevant to the ground
moving target indicator capability described in subsection
(a), shall submit to the congressional defense committees the
following:
(1) A list of all procurement and research and development
efforts relating to the capability that are funded by--
(A) the Department of Defense; or
(B) any other department or agency of the Federal
Government.
(2) A description of how the efforts described in paragraph
(1) will--
(A) provide real-time information to relevant military end
users through the use of air battle managers; and
(B) meet the needs of combatant commanders with respect to
priority target tasking.
(3) Analysis of whether, and to what extent, the efforts
described in paragraph (1) comply with--
(A) the joint all domain command and control requirements
and standards of the Department; and
(B) the validated requirements of the Joint Requirements
Oversight Council with respect to ground moving target
indicator capabilities.
(4) Identification of any potential areas of overlap among
the efforts described in paragraph (1).
SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT
OF AIRCRAFT SYSTEMS FOR THE ARMED OVERWATCH
PROGRAM.
None 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 may be obligated or expended until a
period of 15 days has elapsed following the date on which the
acquisition roadmap required by section 165(a) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is submitted to the
congressional defense committees.
SEC. 145. ANALYSIS OF CERTAIN RADAR INVESTMENT OPTIONS.
(a) Analysis Required.--
(1) In general.--The Director of Cost Assessment and
Program Evaluation shall conduct an analysis of covered radar
systems operating in the Navy and the Missile Defense Agency
over the period covered by the most recent future-years
defense program submitted to Congress under section 221 of
title 10, United States Code.
(2) Elements.--The analysis conducted under paragraph (1)
shall include the following:
(A) An independent cost estimate of each covered radar
system described in paragraph (1) and each variant thereof.
(B) An assessment of the capability provided by each such
system and variant to address current and future air and
missile defense threats.
(C) In the case of covered radar systems operating in the
Navy, an assessment of the capability and technical
suitability of each planned configuration for such systems to
support current and future distributed maritime operations in
contested environments.
(b) Report.--Not later than May 1, 2022, the Director of
Cost Assessment and Program Evaluation shall submit to the
congressional defense committees a report that includes the
following:
(1) The results of the analysis conducted under subsection
(a)(1).
(2) Such recommendations as the Director may have to
achieve greater capability, affordability, and sustainability
across covered radar systems described in subsection (a)(1),
including variants thereof, during fiscal years 2022 through
2027, including whether--
(A) to continue to develop and maintain each covered radar
system separately; or
(B) to pursue fewer configurations of such systems.
(c) Covered Radar Systems Defined.--In this section, the
term ``covered radar systems'' means radar systems with the
following designations an any variants thereof:
(1) AN/SPY-1.
(2) AN/SPY-3.
(3) AN/SPY-6.
(4) AN/SPY-7.
SEC. 146. REVIEW AND BRIEFING ON FIELDED MAJOR WEAPON
SYSTEMS.
(a) Review and Briefing Required.--Not later than March 1,
2023, the Secretary of Defense shall conduct a review, and
provide a briefing to the congressional defense committees,
on the processes of the Department of Defense for the
management of strategic risk with respect to capabilities of
fielded major weapon systems funded in the most recent
future-years defense program submitted to Congress under
section 221 of title 10, United States Code, including a
description of the analytical and implementation
methodologies used--
(1) to ensure that fielded major weapon systems meet
current and emerging military threats;
(2) to upgrade or replace any fielded major weapon systems
that is not capable of effectively meeting operational
requirements or current, evolving, or emerging threats; and
(3) to develop and implement plans for the replacement and
divestment of fielded major weapon systems that address
lower-priority military threats, as determined by
intelligence assessments and operational requirements.
(b) Major Weapon System Defined.--In this section, the term
``major weapon system'' has the meaning given such term under
section 2379(f) of title 10, United States Code.
SEC. 147. 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.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Codification of National Defense Science and Technology
Strategy.
Sec. 212. Codification of direct hire authority at personnel
demonstration laboratories for advanced degree holders.
Sec. 213. Duties and regional activities of the Defense Innovation
Unit.
Sec. 214. Codification of requirement for Defense Established Program
to Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense
science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging
technology and national security threats.
Sec. 217. Improvements relating to national network for
microelectronics research and development.
[[Page H6949]]
Sec. 218. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of
the research, development, test, and evaluation centers
of the Department of Defense.
Sec. 220. Defense research and engineering activities at minority
institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for
survivability and lethality testing.
Sec. 224. Assessment and correction of deficiencies in the pilot
breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
Sec. 226. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior
civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and
evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to
promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the
development of artificial intelligence capabilities for
the Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications
infrastructure to facilitate 5G deployment on military
installations.
Sec. 234. Limitation on development of prototypes for the Optionally
Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test
events and reductions in operational flight test
capacity.
Sec. 236. Limitation on availability of funds for certain C-130
aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft
program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy
Detection and Exploitation System.
Subtitle C--Plans, Reports, and Other Matters
Sec. 241. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air
Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and
evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National
Security Commission on Artificial Intelligence regarding
the Department of Defense.
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. CODIFICATION OF NATIONAL DEFENSE SCIENCE AND
TECHNOLOGY STRATEGY.
(a) In General.--Chapter 2 of title 10, United States Code,
as amended by section 1081 of this Act, is further amended by
inserting before section 119, the following new section:
``Sec. 118c. National Defense Science and Technology Strategy
``(a) In General.--The Secretary of Defense shall develop a
strategy--
``(1) to articulate the science and technology priorities,
goals, and investments of the Department of Defense;
``(2) to make recommendations on the future of the defense
research and engineering enterprise and its continued success
in an era of strategic competition; and
``(3) to establish an integrated approach to the
identification, prioritization, development, and fielding of
emerging capabilities and technologies.
``(b) Elements.--The strategy required under subsection (a)
shall--
``(1) inform the development of each National Defense
Strategy under section 113(g) of this title and be aligned
with Government-wide strategic science and technology
priorities, including the defense budget priorities of the
Office of Science and Technology Policy of the President;
``(2) link the priorities, goals, and investments in
subsection (a)(1) with needed critical enablers to specific
programs, or broader portfolios, including--
``(A) personnel and workforce capabilities;
``(B) facilities for research and test infrastructure;
``(C) relationships with academia, the acquisition
community, the operational community, the defense industry,
and the commercial sector; and
``(D) funding, investments, personnel, facilities, and
relationships with other departments and agencies of the
Federal Government outside the Department of Defense without
which defense capabilities would be severely degraded;
``(3) support the coordination of acquisition priorities,
programs, and timelines of the Department with the activities
of the defense research and engineering enterprise;
``(4) include recommendations for changes in authorities,
regulations, policies, or any other relevant areas, that
would support the achievement of the goals set forth in the
strategy;
``(5) identify mechanisms that may be used to identify
critical capabilities and technological applications required
to address operational challenges outlined in the National
Defense Strategy under section 113(g) of this title;
``(6) identify processes to inform senior leaders and
policy makers on the potential impacts of emerging
technologies for the purpose of shaping the development of
policies and regulations;
``(7) support the efficient integration of capabilities and
technologies to close near-term, mid-term, and long-term
capability gaps;
``(8) support the development of appropriate investments in
research and technology development within the Department,
and appropriate partnerships with the defense industry and
commercial industry; and
``(9) identify mechanisms to provide information on defense
technology priorities to industry to enable industry to
invest deliberately in emerging technologies to build and
broaden the capabilities of the industrial base.
``(c) Coordination.--The Secretary of Defense shall develop
the strategy under subsection (a) in coordination with
relevant entities within the Office of the Secretary of
Defense, the military departments, the research organizations
of Defense Agencies and Department of Defense Field
Activities, the intelligence community, defense and
technology industry partners, research and development
partners, other Federal research agencies, allies and
partners of the United States, and other appropriate
organizations.
``(d) Considerations.--In developing the strategy under
subsection (a), the Secretary of Defense shall consider--
``(1) the operational challenges identified in the National
Defense Strategy and the technological threats and
opportunities identified through the global technology review
and assessment activities of the Department of Defense, the
intelligence community, and other technology partners;
``(2) current military requirements and emerging
technologies in the defense and commercial sectors;
``(3) the capabilities of foreign near-peer and peer
nations;
``(4) the need to support the development of a robust
trusted and assured industrial base to manufacture and
sustain the technologies and capabilities to meet defense
requirements; and
``(5) near-term, mid-term, and long-term technology and
capability development goals.
``(e) Reports.--
``(1) Subsequent reports and updates.--Not later than
February 1 of the year following each fiscal year in which
the National Defense Strategy is submitted under section
113(g) of this title, the Secretary of Defense shall submit
to the congressional defense committees a report that
includes an updated version of the strategy under subsection
(a). Each update to such strategy shall be prepared for
purposes of such report based on emerging requirements,
technological developments in the United States, and
technical intelligence derived from global technology reviews
conducted by the Secretary of Defense.
``(2) Form of reports.--The reports submitted under
paragraph (1) may be submitted in a form determined
appropriate by the Secretary of Defense, which may include
classified, unclassified, and publicly releasable formats, as
appropriate.
``(f) Briefing.--Not later than 90 days after the date on
which the strategy under subsection (a) is completed, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the implementation plan for the strategy.
``(g) Designation.--The strategy developed under subsection
(a) shall be known as the `National Defense Science and
Technology Strategy'.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 119 the following new item:
``118c. National Defense Science and Technology Strategy.''.
(c) Conforming Repeal.--Section 218 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679) is repealed.
(d) Conforming Amendment.--Section 2358b(c)(2)(B)(ii) of
title 10, United States Code, is amended by striking
``section 218 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679)'' and inserting ``section 118c of this
title''.
[[Page H6950]]
SEC. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL
DEMONSTRATION LABORATORIES FOR ADVANCED DEGREE
HOLDERS.
(a) In General.--Section 2358a of title 10, United States
Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Direct Hire Authority at Personnel Demonstration
Laboratories for Advanced Degree Holders.--
``(1) Authority.--The Secretary of Defense may appoint
qualified candidates possessing an advanced degree to
positions described in paragraph (2) without regard to the
provisions of subchapter I of chapter 33 of title 5, other
than sections 3303 and 3328 of such title.
``(2) Applicability.--This subsection applies with respect
to candidates for scientific and engineering positions within
any laboratory designated by section 4121(b) of this title as
a Department of Defense science and technology reinvention
laboratory.
``(3) Limitation.--(A) Authority under this subsection may
not, in any calendar year and with respect to any laboratory,
be exercised with respect to a number of candidates greater
than the number equal to 5 percent of the total number of
scientific and engineering positions within such laboratory
that are filled as of the close of the fiscal year last
ending before the start of such calendar year.
``(B) For purposes of this paragraph, positions and
candidates shall be counted on a full-time equivalent
basis.''.
(b) Repeal.--Section 1108 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4618 ) is hereby repealed.
(c) Conforming Amendments.--
(1) Section 255(b)(5)(B) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2223a note) is amended by striking ``in section
2358a(f)(3) of'' and inserting ``in section 2358a(g) of''.
(2) Section 223(d)(3)(C) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2358 note) is amended by striking ``in section
2358a(f) of'' and inserting ``in section 2358a(g) of''.
(3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended by striking ``in section
2358a(f)(3) of'' and inserting ``in section 2358a(g) of''.
SEC. 213. 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) relevant policy and guidance from the Secretary of
Defense; 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--
(1) to accelerate the adoption of commercially developed
advanced technology in modernization priority areas 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. 214. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTABLISHED
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
(a) In General.--Chapter 301 of title 10, United States
Code, as added by section 1841 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) and amended by this Act, is further
amended by inserting after section 4007 the following new
section:
``Sec. 4010. Defense Established Program to Stimulate
Competitive Research
``(a) Program Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall carry out a Defense Established Program to
Stimulate Competitive Research (DEPSCoR) as part of the
university research programs of the Department of Defense.
``(b) Program Objectives.--The objectives of the program
are as follows:
``(1) To increase the number of university researchers in
eligible States capable of performing science and engineering
research responsive to the needs of the Department of
Defense.
``(2) To enhance the capabilities of institutions of higher
education in eligible States to develop, plan, and execute
science and engineering research that is relevant to the
mission of the Department of Defense and competitive under
the peer-review systems used for awarding Federal research
assistance.
``(3) To increase the probability of long-term growth in
the competitively awarded financial assistance that
institutions of higher education in eligible States receive
from the Federal Government for science and engineering
research.
``(c) Program Activities.--In order to achieve the program
objectives, the following activities are authorized under the
program:
``(1) Competitive award of grants for research and
instrumentation to support such research.
``(2) Competitive award of financial assistance for
graduate students.
``(3) To provide assistance to science and engineering
researchers at institutions of higher education in eligible
States through collaboration between Department of Defense
laboratories and such researchers.
``(4) Any other activities that are determined necessary to
further the achievement of the objectives of the program.
``(d) Eligible States.--(1) The Under Secretary of Defense
for Research and Engineering shall designate which States are
eligible States for the purposes of this section.
``(2) The Under Secretary shall designate a State as an
eligible State if, as determined by the Under Secretary--
``(A) the average annual amount of all Department of
Defense obligations for science and engineering research and
development that were in effect with institutions of higher
education in the State for the three fiscal years preceding
the fiscal year for which the designation is effective or for
the last three fiscal years for which statistics are
available is less than the amount determined by multiplying
60 percent times the amount equal to 1/50 of the total
average annual amount of all Department of Defense
obligations for science and engineering research and
development that were in effect with institutions of higher
education in the United States for such three preceding or
last fiscal years, as the case may be; and
``(B) the State has demonstrated a commitment to developing
research bases in the State and to improving science and
engineering research and education programs in areas relevant
to the mission of the Department of Defense at institutions
of higher education in the State.
``(3) The Under Secretary shall not remove a designation of
a State under paragraph (2) because the State exceeds the
funding levels specified under subparagraph (A) of such
paragraph unless the State has exceeded such funding levels
for at least two consecutive years.
``(e) Coordination With Similar Federal Programs.--(1) The
Secretary may consult with the Director of the National
Science Foundation and the Director of the Office of Science
and Technology Policy in the planning, development, and
execution of the program and may coordinate the program with
the Established Program to Stimulate Competitive Research
conducted by the National Science Foundation and with similar
programs sponsored by other departments and agencies of the
Federal Government.
``(2) All solicitations under the Defense Established
Program to Stimulate Competitive Research may be made to, and
all awards may be made through, the State committees
established for purposes of the Established Program to
Stimulate Competitive Research conducted by the National
Science Foundation.
``(3) A State committee referred to in paragraph (2) shall
ensure that activities carried out in the State of that
committee under the Defense Established Program to Stimulate
Competitive Research are relevant to the mission of the
Department of Defense and coordinated with the activities
carried out in the State under other similar initiatives of
the Federal Government to stimulate competitive research.
``(f) State Defined.--In this section, the term `State'
means a State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 301 of such title, as added by section
1841 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
and amended by this Act, is further amended by striking the
item relating to section 4010 and inserting the following new
item:
``4010. Defense Established Program to Stimulate Competitive
Research.''.
(c) Conforming Repeals.--(1) Section 307 of title I of the
1997 Emergency Supplemental Appropriations Act for Recovery
from Natural Disasters, and for Overseas Peacekeeping
Efforts, Including Those in Bosnia (Public Law 105-18; 10
U.S.C. 2358 note) is repealed.
(2) Section 257 of title II of division A of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 10 U.S.C. 2358 note) is repealed.
(d) Effective Date.--This section and the amendments and
repeals made by this section shall take effect immediately
after the effective date of the amendments made by title
XVIII of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 215. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT
OF DEFENSE SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) In General.--Subchapter III of chapter 303 of title 10,
United States Code, as added by section 1842 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is amended by
inserting after the heading for subchapter III the following
new section:
``Sec. 4121. Science and technology reinvention laboratories:
authority and designation
``(a) In General.--(1) The Secretary of Defense may carry
out personnel demonstration projects at Department of Defense
laboratories designated by the Secretary as Department of
Defense science and technology reinvention laboratories.
``(2)(A) Each personnel demonstration project carried out
under the authority of paragraph (1) shall be generally
similar in nature to the China Lake demonstration project.
[[Page H6951]]
``(B) For purposes of subparagraph (A), the China Lake
demonstration project is the demonstration project that is
authorized by section 6 of the Civil Service Miscellaneous
Amendments Act of 1983 (Public Law 98-224) to be continued at
the Naval Weapons Center, China Lake, California, and at the
Naval Ocean Systems Center, San Diego, California.
``(3) If the Secretary carries out a demonstration project
at a laboratory pursuant to paragraph (1), section 4703 of
title 5 shall apply to the demonstration project, except
that--
``(A) subsection (d) of such section 4703 shall not apply
to the demonstration project;
``(B) the authority of the Secretary to carry out the
demonstration project is that which is provided in paragraph
(1) rather than the authority which is provided in such
section 4703; and
``(C) the Secretary shall exercise the authorities granted
to the Office of Personnel Management under such section 4703
through the Under Secretary of Defense for Research and
Engineering (who shall place an emphasis in the exercise of
such authorities on enhancing efficient operations of the
laboratory and who may, in exercising such authorities,
request administrative support from science and technology
reinvention laboratories to review, research, and adjudicate
personnel demonstration project proposals).
``(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be
exempt from, and may not be counted for the purposes of, any
constraint or limitation in a statute or regulation in terms
of supervisory ratios or maximum number of employees in any
specific category or categories of employment that may
otherwise be applicable to the employees. The employees shall
be managed by the director of the laboratory subject to the
supervision of the Under Secretary of Defense for Research
and Engineering.
``(5) The limitations in section 5373 of title 5 do not
apply to the authority of the Secretary under this subsection
to prescribe salary schedules and other related benefits.
``(b) Designation of Laboratories.--Each of the following
is hereby designated as a Department of Defense science and
technology reinvention laboratory as described in subsection
(a):
``(1) The Air Force Research Laboratory.
``(2) The Joint Warfare Analysis Center.
``(3) The Army Research Institute for the Behavioral and
Social Sciences.
``(4) The Combat Capabilities Development Command Armaments
Center.
``(5) The Combat Capabilities Development Command Army
Research Laboratory.
``(6) The Combat Capabilities Development Command Aviation
and Missile Center.
``(7) The Combat Capabilities Development Command Chemical
Biological Center.
``(8) The Combat Capabilities Development Command Command,
Control, Communications, Computers, Cyber, Intelligence,
Surveillance, and Reconnaissance Center.
``(9) The Combat Capabilities Development Command Ground
Vehicle Systems Center.
``(10) The Combat Capabilities Development Command Soldier
Center.
``(11) The Engineer Research and Development Center.
``(12) The Medical Research and Development Command.
``(13) The Technical Center, US Army Space and Missile
Defense Command.
``(14) The Naval Air Systems Command Warfare Centers.
``(15) The Naval Facilities Engineering Command Engineering
and Expeditionary Warfare Center.
``(16) The Naval Information Warfare Centers, Atlantic and
Pacific.
``(17) The Naval Medical Research Center.
``(18) The Naval Research Laboratory.
``(19) The Naval Sea Systems Command Warfare Centers.
``(20) The Office of Naval Research.
``(c) Conversion Procedures.--The Secretary of Defense
shall implement procedures to convert the civilian personnel
of each Department of Defense science and technology
reinvention laboratory, as so designated by subsection (b),
to the personnel system under an appropriate demonstration
project (as referred to in subsection (a)). Any conversion
under this subsection--
``(1) shall not adversely affect any employee with respect
to pay or any other term or condition of employment;
``(2) shall be consistent with section 4703(f) of title 5;
``(3) shall be completed within 18 months after
designation; and
``(4) shall not apply to prevailing rate employees (as
defined by section 5342(a)(2) of title 5) or senior
executives (as defined by section 3132(a)(3) of such title).
``(d) Limitation.--The science and technology reinvention
laboratories, as so designated by subsection (a), may not
implement any personnel system, other than a personnel system
under an appropriate demonstration project (as referred to
subsection (a)), without prior congressional
authorization.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 303 of such title, as added by section
1842 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is amended by striking the item relating to section 4121 and
inserting the following:
``4121. Science and technology reinvention laboratories: authority and
designation.''.
(c) Conforming Repeals.--(1) Section 1105 of the National
Defense Authorization Act For Fiscal Year 2010 (Public Law
111-84; 10 U.S.C. 2358 note) is hereby repealed.
(2) Subsection (b) of section 342 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
10 U.S.C. 2358 note) is hereby repealed.
(d) Conforming Amendments.--(1) Section 1601(f) of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 2358 note) is amended by
striking ``section 342 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721)'' and inserting ``section 4121(a) of title 10, United
States Code''.
(2) Section 1107 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2358
note) is amended--
(A) by amending subsection (a) to read as follows:
``(e) Requirement.--The Secretary of Defense shall take all
necessary actions to fully implement and use the authorities
provided to the Secretary under subsection (a) of section
4121 of title 10, United States Code, to carry out personnel
management demonstration projects at Department of Defense
laboratories designated by subsection (b) of such section as
Department of Defense science and technology reinvention
laboratories.'';
(B) in subsection (c), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486)'' and inserting
``designated by section 4121(b) of title 10, United States
Code''; and
(C) in subsection (e)(3), by striking ``section 342(b) of
the National Defense Authorization Act for Fiscal Year 1995
(as cited in subsection (a))'' and inserting ``section
4121(a) of title 10, United States Code''.
(3) Section 1109(c) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358
note) is amended by striking ``specified in section 1105(a)
of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358
note)'' and inserting ``designated under section 4121(b) of
title 10, United States Code''.
(4) Section 2803(a)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2358 note) is amended by striking ``(as designated by
section 1105(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)''
and inserting ``(as designated under section 4121(b) of title
10, United States Code)''.
(5) Section 1108(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
10 U.S.C. 1580 note prec.) is amended by striking ``section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358
note)'' and inserting ``section 4121(b) of title 10, United
States Code''.
(6) Section 211(g) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358
note) is amended by striking ``under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note), as amended'' and
inserting ``under section 4121(b)of title 10, United States
Code''.
(7) Section 233(a)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 2358 note) is amended by striking ``as specified in
section 1105(a) of the National Defense Authorization Act for
Fiscal Year 2010 (10 U.S.C. 2358 note)'' and inserting ``as
designated under section 4121(b) of title 10, United States
Code''.
(8) Section 223(d)(3)(B) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2358 note) is amended by striking ``under section 1105
of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and inserting
``under section 4121(b) of title 10, United States Code''.
(9) Section 252(e)(1) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358
note) is amended by striking ``under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note)'' and inserting
``under section 4121(b) of title 10, United States Code''.
(10) Section 255(b)(5)(A) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 223a note) is amended by striking ``(as designated
under section 1105 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358
note))'' and inserting ``(as designated under section 4121(b)
of title 10, United States Code)''.
(11) Section 249 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended--
(A) in subsection (e)(1)(A), by striking ``under section
2358a of title 10, United States Code'' and inserting ``under
section 4121(b) of title 10, United States Code''; and
(B) in subsection (g)(1)(B) by striking ``under section
1105 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and
inserting ``under section 4121(b) of title 10, United States
Code''.
(12) Section 2124(h)(3) of title 10, United States Code, as
redesignated by section 1843(b)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended by striking
``designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note)'' and inserting ``designated under section
4121(b) of this title''.
(13) Section 4091 of title 10, United States Code, as
redesignated by section 1843(b)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended--
(A) in subsection (b), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law
[[Page H6952]]
111-84; 10 U.S.C. 2358 note)'' both places it appears and
inserting ``designated by section 4121(b) of this title'';
and
(B) in subsection (d)(2), by striking ``pursuant to section
342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note)'' both
places it appears and inserting ``pursuant to section 4121(a)
of this title''.
(14) Section 4094(f) of title 10, United States Code, as
transferred and redesignated by this Act, is amended by
striking ``by section 1105(a) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358
note)'' and inserting ``by section 4121(b) of this title''.
(e) Effective Date.--This section and the amendments and
repeals made by this section shall take effect immediately
after the effective date of the amendments made by title
XVIII of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 216. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON
EMERGING TECHNOLOGY AND NATIONAL SECURITY
THREATS.
Section 236 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is amended--
(1) in subsection (a), by striking ``may'' and inserting
``and the Director of National Intelligence may jointly'';
(2) in subsection (b), by--
(A) by striking paragraphs (3) through (8); and
(B) by inserting after paragraph (2) the following:
``(3) The Principal Deputy Director of National
Intelligence.
``(4) Such other officials of the Department of Defense and
intelligence community as the Secretary of Defense and the
Director of National Intelligence jointly determine
appropriate.'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Leadership.--The Steering Committee shall be chaired
by the Deputy Secretary of Defense, the Vice Chairman of the
Joint Chiefs of Staff, and the Principal Deputy Director of
National Intelligence jointly.'';
(5) in subsection (d), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a strategy'' and inserting
``strategies'';
(ii) by inserting ``and intelligence community'' after
``United States military''; and
(iii) by inserting ``and National Intelligence Strategy,
and consistent with the National Security Strategy'' after
``National Defense Strategy'';
(B) in paragraph (3)--
(i) in the matter before subparagraph (A), by inserting
``and the Director of National Intelligence'' after ``the
Secretary of Defense'';
(ii) in subparagraph (A), by striking ``strategy'' and
inserting ``strategies'';
(iii) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(iv) by redesignating subparagraph (E) as subparagraph (F);
and
(v) by inserting after subparagraph (D) the following:
``(E) any changes to the guidance for developing the
National Intelligence Program budget required by section
102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C.
3024(c)(1)(A)), that may be required to implement the
strategies under paragraph (1); and''; and
(vi) in subparagraph (F), as redesignated by clause (iv),
by inserting ``and the intelligence community'' after
``Department of Defense''; and
(C) in paragraph (4), by inserting ``and Director of
National Intelligence, jointly'' after ``Secretary of
Defense'';
(6) by amending subsection (e), as redesignated by
paragraph (3), to read as follows:
``(e) Definitions.--In this section:
``(1) The term `emerging technology' means technology
jointly determined to be in an emerging phase of development
by the Secretary of Defense and the Director of National
Intelligence, including quantum information science and
technology, data analytics, artificial intelligence,
autonomous technology, advanced materials, software, high
performance computing, robotics, directed energy,
hypersonics, biotechnology, medical technologies, and such
other technology as may be jointly identified by the
Secretary and the Director.
``(2) The term `intelligence community' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''; and
(7) in subsection (f), as redesignated by paragraph (3), by
striking ``October 1, 2024'' and inserting ``October 1,
2025''.
SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NETWORK FOR
MICROELECTRONICS RESEARCH AND DEVELOPMENT.
Section 9903(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``may'' and inserting ``shall''; and
(2) by adding at the end the following new paragraph:
``(3) Selection of entities.--
``(A) In general.--In carrying out paragraph (1), the
Secretary shall, through a competitive process, select two or
more entities to carry out the activities described in
paragraph (2) as part of the network established under
paragraph (1).
``(B) Geographic diversity.--The Secretary shall, to the
extent practicable, ensure that the entities selected under
subparagraph (A) collectively represent the geographic
diversity of the United States.''.
SEC. 218. 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 (36); and
(B) by inserting after paragraph (30) the following new
paragraphs:
``(31) Nuclear science, security, and nonproliferation.
``(32) Chemical, biological, radiological, and nuclear
defense.
``(33) Spectrum activities.
``(34) Research security and integrity.
``(35) Printed circuit boards.''; and
(3) in subsection (g), by striking ``2026'' and inserting
``2028''.
SEC. 219. TECHNICAL CORRECTION TO PILOT PROGRAM FOR THE
ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION CENTERS OF THE DEPARTMENT OF
DEFENSE.
Section 233(c)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358
note) is amended by striking ``Chief Management Officer'' and
inserting ``Deputy Secretary of Defense or a designee of the
Deputy Secretary''.
SEC. 220. DEFENSE RESEARCH AND ENGINEERING ACTIVITIES AT
MINORITY INSTITUTIONS.
(a) Plan to Promote Defense Research at Minority
Institutes.--
(1) In general.--The Secretary of Defense shall develop a
plan to promote defense-related engineering, research, and
development activities at minority institutions for the
purpose of elevating the capacity of such institutions in
those areas.
(2) Elements.--The plan under paragraph (1) shall include
the following:
(A) An assessment of the engineering, research, and
development capabilities of minority institutions, including
an assessment of the workforce and physical research
infrastructure of such institutions.
(B) An assessment of the ability of minority institutions--
(i) to participate in defense-related engineering,
research, and development activities; and
(ii) to effectively compete for defense-related
engineering, research, and development contracts.
(C) An assessment of the activities and investments
necessary--
(i) to elevate minority institutions or a consortium of
minority institutions (including historically black colleges
and universities) to R1 status on the Carnegie Classification
of Institutions of Higher Education;
(ii) to increase the participation of minority institutions
in defense-related engineering, research, and development
activities; and
(iii) to increase the ability of such institutions ability
to effectively compete for defense-related engineering,
research, and development contracts.
(D) Recommendations identifying actions that may be taken
by the Secretary, Congress, minority institutions, and other
organizations to increase the participation of minority
institutions in defense-related engineering, research, and
development activities and contracts.
(E) The specific goals, incentives, and metrics developed
by the Secretary under subparagraph (D) to increase and
measure the capacity of minority institutions to address the
engineering, research, and development needs of the
Department.
(3) Consultation.--In developing the plan under paragraph
(1), the Secretary of Defense shall consult with such other
public and private sector organizations as the Secretary
determines appropriate.
(4) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(A) submit to the congressional defense committees a report
that includes the plan developed under paragraph (1); and
(B) make the plan available on a publicly accessible
website of the Department of Defense.
(b) Activities to Support the Research and Engineering
Capacity of Historically Black Colleges and Universities and
Minority Institutions.--
(1) In general.--Subject to the availability of
appropriations, the Secretary may establish a program to
award contracts, grants, or other agreements on a competitive
basis, and to perform other appropriate activities for the
purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) Developing the capability, including workforce and
research infrastructure, for minority institutions to more
effectively compete for Federal engineering, research, and
development funding opportunities.
(B) Improving the capability of such institutions to
recruit and retain research faculty, and to participate in
appropriate personnel exchange programs and educational and
career development activities.
[[Page H6953]]
(C) Any other purposes the Secretary determines appropriate
for enhancing the defense-related engineering, research, and
development capabilities of minority institutions.
(c) Increasing Partnerships for Minority Institutions With
National Security Research and Engineering Organizations.--
Section 2362 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Assistant Secretary''
each place it appears and inserting ``Under Secretary''; and
(2) in subsection (d)--
(A) by striking ``The Secretary of Defense may'' and
inserting the following:
``(1) The Secretary of Defense may''; and
(B) by adding at the end the following paragraph:
``(2) The Secretary of Defense shall establish goals and
incentives to encourage federally funded research and
development centers, science and technology reinvention
laboratories, and University Affiliated Research Centers
funded by the Department of Defense--
``(A) to assess the capacity of covered educational
institutions to address the research and development needs of
the Department through partnerships and collaborations; and
``(B) if appropriate, to enter into partnerships and
collaborations with such institutions.''.
(d) Minority Institution Defined.--In this section, the
term ``minority institution'' means a covered educational
institution (as defined in section 2362 of title 10, United
States Code).
SEC. 221. 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) Electrical propulsion motor.
(2) Other propulsion drive train components.
(3) Main propulsion system.
(4) Electrical generation and distribution systems.
(5) Machinery control systems.
(6) 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 a single shipboard representative 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. 222. CONSORTIUM TO STUDY IRREGULAR WARFARE.
(a) Establishment.--The Secretary of Defense may 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.
(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.
(9) To support the work of a Department of Defense
Functional Center for Security Studies in Irregular Warfare
if such Center is established pursuant to section 1299L of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(10) To carry out such other research initiatives relating
to irregular warfare and irregular threats as the Secretary
of Defense determines appropriate.
(c) Partnerships.--If the Secretary of Defense establishes
a research consortium under subsection (a), the Secretary
shall encourage partnerships between the consortium and
university-affiliated research centers and other research
institutions, as appropriate.
(d) 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. 223. 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;
[[Page H6954]]
(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) 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) The term ``covered system'' means any warfighting
capability that can degrade, disable, deceive, or destroy
forces or missions.
(3) The term ``Department'' means the Department of
Defense.
(4) 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) The term ``Director'' means the Director of Operational
Test and Evaluation.
(6) 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) 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) The term ``Secretary'' means the Secretary of Defense.
SEC. 224. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE
PILOT BREATHING SYSTEMS OF TACTICAL FIGHTER
AIRCRAFT.
(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 each fleet of tactical fighter aircraft
(including each type and model variant of aircraft within the
fleet) that uses the Onboard Oxygen Generating System for the
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 the aircraft fleet tested.
(b) Requirements.--The following shall apply to the testing
and evaluation conducted for an aircraft fleet under
subsection (a):
(1) The F-35 aircraft fleet shall be the first aircraft
fleet tested and evaluated, and such testing and evaluation
shall include F-35A, F-35B, and F-35C aircraft.
(2) The pilot, aircraft systems, and operational flight
environment of the aircraft shall not be assessed in
isolation but shall be tested and evaluated as integrated
parts of the breathing system.
(3) 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.
(4) 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.
(5) A diverse group of pilots shall participate in the
testing and evaluation, including--
(A) pilots who are test-qualified and pilots who are not
test-qualified; and
(B) pilots who vary in gender, physical conditioning,
height, weight, and age, and any other attributes that the
Secretary determines to be appropriate.
(6) Aircraft involved in the testing and evaluation shall
perform operations with operationally representative and
realistic aircraft configurations.
(7) The testing and evaluation shall include assessments of
pilot life support gear and relevant equipment, including the
pilot breathing mask apparatus.
(8) 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.
(9) 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.
(10) The testing and evaluation shall include the
participation of subject matter experts who have familiarity
and technical expertise regarding design and functions of the
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.
(11) 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 a final report under subsection (e) for an
aircraft fleet, 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 of such aircraft fleet under subsection (a).
(d) Preliminary Reports.--
(1) In general.--Not later than the date specified in
paragraph (2), for each aircraft fleet tested and evaluated
under subsection (a), the Secretary of Defense shall submit
to the congressional defense committees a separate
preliminary report, based on the initial results of such
testing and evaluation, that includes--
(A) the initial findings and recommendations of the
Secretary;
(B) potential corrective actions that the Secretary of
Defense may carry out to address deficiencies in the
breathing system of the aircraft tested; and
(C) the results of initial review and assessment, conducted
by the Administrator of the National Aeronautics and Space
Administration for purposes of the report, of--
(i) the testing and evaluation plans, execution, processes,
data, and technical results of the testing and evaluation
activities under subsection (a); and
(ii) the initial findings, recommendations, and potential
corrective actions determined by the Secretary of Defense
under subparagraphs (A) and (B).
(2) Date specified.--The date specified in this paragraph
is the earlier of--
(A) a date selected by the Secretary of the Air Force that
is not later than 180 days after the testing and evaluation
of the aircraft fleet under subsection (a) has been
completed; or
(B) one year after the commencement of the testing and
evaluation of the aircraft fleet under subsection (a).
(e) Final Reports.--Not later than two years after the
commencement of the testing and evaluation under subsection
(a) for an aircraft fleet, the Secretary of Defense shall
submit to the congressional defense committees a final report
on the results of such testing with respect to such aircraft
fleet 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 reports 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. 225. 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
[[Page H6955]]
Act, the Secretary of Defense shall identify each facility
and capability of the Major Range and Test Facility Base--
(1) the primary mission of which is the test and evaluation
of hypersonics technology; or
(2) that provides other test and evaluation capabilities to
support the development of hypersonics technology.
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
a plan to improve the capabilities identified under
subsection (a), including--
(1) a schedule for such improvements; and
(2) a description of any organizational changes,
investments, policy changes, or other activities the
Secretary proposes to carry out as part of such plan.
(c) 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. 226. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms,
processes, and operations of the Department of Defense; and
(2) establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and
digital readiness into such platforms, processes, and
operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the
Secretary of Defense shall require each Secretary of a
military department and the heads of such other organizations
and elements of the Department of Defense as the Secretary of
Defense determines appropriate to--
(A) conduct a comprehensive review and assessment of--
(i) skill gaps in the fields of software development,
software engineering, data science, and artificial
intelligence;
(ii) the qualifications of civilian personnel needed for
both management and specialist tracks in such fields; and
(iii) the qualifications of military personnel (officer and
enlisted) needed for both management and specialist tracks in
such fields; and
(B) establish recruiting, training, and talent management
performance objectives and accompanying metrics for achieving
and maintaining staffing levels needed to fill identified
gaps and meet the needs of the Department for skilled
personnel.
(2) AI modernization activities.--In carrying out
subsection (a), the Secretary of Defense shall--
(A) assess investment by the Department of Defense in
artificial intelligence innovation, science and technology,
and research and development;
(B) assess investment by the Department in test and
evaluation of artificial intelligence capabilities; and
(C) establish performance objectives and accompanying
metrics for artificial intelligence modernization activities
of the Department.
(3) Exercises, wargames, and experimentation.--In
conjunction with the activities of the Secretary of Defense
under subsection (a), the Chairman of the Joint Chiefs of
Staff, in coordination with the Director of the Joint
Artificial Intelligence Center, shall--
(A) assess the integration of artificial intelligence into
war-games, exercises, and experimentation; and
(B) develop performance objectives and accompanying metrics
for such integration.
(4) Logistics and sustainment.--In carrying out subsection
(a), the Secretary of Defense shall require the Under
Secretary of Defense for Acquisition and Sustainment, with
support from the Director of the Joint Artificial
Intelligence Center, to--
(A) assess the application of artificial intelligence in
logistics and sustainment systems; and
(B) establish performance objectives and accompanying
metrics for integration of artificial intelligence in the
Department of Defense logistics and sustainment enterprise.
(5) Business applications.--In carrying out subsection (a),
the Secretary of Defense shall require the Under Secretary of
Defense (Comptroller), in coordination with the Director of
the Joint Artificial Intelligence Center, to--
(A) assess the integration of artificial intelligence for
administrative functions that can be performed with robotic
process automation and artificial intelligence-enabled
analysis; and
(B) establish performance objectives and accompanying
metrics for the integration of artificial intelligence in
priority business process areas of the Department of
Defensee, including the following:
(i) Human resources.
(ii) Budget and finance, including audit.
(iii) Retail.
(iv) Real estate.
(v) Health care.
(vi) Logistics.
(vii) Such other business processes as the Secretary
considers appropriate.
(c) Report to Congress.--Not later than 120 days after the
completion of the review required by subsection (a)(1), the
Secretary of Defense shall submit to the congressional
defense committees a report on--
(1) the findings of the Secretary with respect to the
review and any action taken or proposed to be taken by the
Secretary to address such findings; and
(2) the performance objectives and accompanying metrics
established under subsections (a)(2) and (b).
SEC. 227. MODIFICATION OF THE JOINT COMMON FOUNDATION
PROGRAM.
(a) Modification of Joint Common Foundation.--The Secretary
of Defense shall modify the Joint Common Foundation program
conducted by the Joint Artificial Intelligence Center to
ensure that Department of Defense components can more easily
contract with leading commercial artificial intelligence
companies to support the rapid and efficient development and
deployment of applications and capabilities.
(b) Qualifying Commercial Companies.--The Secretary of
Defense shall take such actions as may be necessary to
increase the number of commercial artificial intelligence
companies eligible to provide support to Department of
Defense components, including with respect to requirements
for cybersecurity protections and processes, to achieve
automatic authority to operate and provide continuous
delivery, security clearances, data portability, and
interoperability.
(c) Use of FAR Part 12.--The Secretary of Defense shall
ensure that, to the maximum extent practicable, commercial
artificial intelligence companies are able to offer
platforms, services, applications, and tools to Department of
Defense components through processes and procedures under
part 12 of the Federal Acquisition Regulation.
(d) Objectives of the Joint Common Foundation Program.--The
objectives of the Joint Common Foundation program shall
include the following:
(1) Relieving Department of Defense components of the need
to design or develop or independently contract for the
computing and data hosting platforms and associated services
on and through which the component at issue would apply its
domain expertise to develop specific artificial intelligence
applications.
(2) Providing expert guidance to components in selecting
commercial platforms, tools, and services to support the
development of component artificial intelligence
applications.
(3) Ensuring that leading commercial artificial
intelligence technologies and capabilities are easily and
rapidly accessible to components through streamlined
contracting processes.
(4) Assisting components in designing, developing,
accessing, or acquiring commercial or non-commercial
capabilities that may be needed to support the operational
use of artificial intelligence applications.
(5) Enabling companies to develop software for artificial
intelligence applications within secure software development
environments that are controlled, sponsored, required, or
specified by the Department of Defense, including PlatformOne
of the Department of the Air Force
(e) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
actions taken to carry out this section.
SEC. 228. EXECUTIVE EDUCATION ON EMERGING TECHNOLOGIES FOR
SENIOR CIVILIAN AND MILITARY LEADERS.
(a) Establishment of Course.--Not later than two years
after the date of the enactment of this Act, the Secretary of
Defense shall establish executive education activities on
emerging technologies for appropriate general and flag
officers and senior executive-level civilian leaders that are
designed specifically to prepare new general and flag
officers and senior executive-level civilian leaders on
relevant technologies and how these technologies may be
applied to military and business activities in the Department
of Defense.
(b) Plan for Participation.--
(1) In general.--The Secretary of Defense shall develop a
plan for participation in executive education activities
established under subsection (a).
(2) Requirements.--As part of such plan, the Secretary
shall ensure that, not later than five years after the date
of the establishment of the activities under subsection (a),
all appropriate general flag officers and senior executive-
level civilian leaders are--
(A) required to complete the executive education activities
under such subsection; and
(B) certified as having successfully completed the
executive education activities.
(c) Report.--
(1) In general.--Not later than the date that is three
years after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the status of the
implementation of the activities required by subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A description of the new general and flag officers and
senior executive-level civilian leaders for whom the
education activities have been designated.
(B) A recommendation with respect to continuing or
expanding the activities required under subsection (a).
SEC. 229. ACTIVITIES TO ACCELERATE DEVELOPMENT AND DEPLOYMENT
OF DUAL-USE QUANTUM TECHNOLOGIES.
(a) Activities Required.--The Secretary of Defense shall
establish a set of activities--
(1) to accelerate the development and deployment of dual-
use quantum capabilities;
(2) to ensure the approach of the United States to
investments of the Department of Defense in quantum
information science research and development reflects an
appropriate balance between scientific progress and the
potential economic and security implications of such
progress;
(3) to ensure that the Department of Defense is fully aware
and has a technical understanding of the maturity and
operational utility of new and emerging quantum technologies;
and
[[Page H6956]]
(4) to ensure the Department of Defense consistently has
access to the most advanced quantum capabilities available in
the commercial sector to support research and modernization
activities.
(b) Assistance Program.--
(1) Program required.--In carrying out subsection (a) and
subject to the availability of appropriations for such
purpose, the Secretary of Defense shall, acting through the
Director of the Defense Advanced Research Projects Agency and
in consultation with appropriate public and private sector
organizations, establish a program under which the Secretary
may award assistance to one or more organizations--
(A) to identify defense applications for which dual-use
quantum technologies provide a clear advantage over competing
technologies;
(B) to accelerate development of such quantum technologies;
and
(C) to accelerate the deployment of dual-use quantum
capabilities.
(2) Form of assistance.--Assistance awarded under the
program required by paragraph (1) may consist of a grant, a
contract, a cooperative agreement, other transaction, or such
other form of assistance as the Secretary of Defense
considers appropriate.
(3) Authorities and acquisition approaches.--The Secretary
of Defense may use the following authorities and approaches
for the program required by paragraph (1):
(A) Section 2374a of title 10, United States Code, relating
to prizes for advanced technology achievements.
(B) Section 2373 of such title, relating to procurement for
experimental purposes.
(C) Sections 2371 and 2371b of such title, relating to
transactions other than contracts and grants and authority of
the Department of Defense to carry out certain prototype
projects, respectively.
(D) Section 2358 of such title, relating to research and
development projects.
(E) Section 879 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302
note), relating to defense pilot program for authority to
acquire innovative commercial products, technologies, and
services using general solicitation competitive procedures.
(F) Requirement for milestone payments based on technical
achievements.
(G) Requirement for cost share from private sector
participants in the program.
(H) Commercial procurement authority under part 12 of the
Federal Acquisition Regulation.
(I) Such other authorities or approaches as the Secretary
considers appropriate.
(4) Policies and procedures.--The Secretary of Defense
shall, in consultation with such experts from government and
industry as the Secretary considers appropriate, establish
policies and procedures to carry out the program required by
paragraph (1).
(c) Briefing and Report.--
(1) Briefing.--Not later than March 1, 2022, the Secretary
of Defense shall provide to the congressional defense
committees a briefing on the plan to carry out the activities
required by subsection (a) and the program required by
subsection (b).
(2) Report.--Not later than December 31, 2022, and not less
frequently than once each year thereafter until December 31,
2026, the Secretary of Defense shall submit to the
congressional defense committees a report on the activities
carried out under subsection (a) and the program carried out
under subsection (b).
SEC. 230. NATIONAL GUARD PARTICIPATION IN MICROREACTOR
TESTING AND EVALUATION.
The Secretary of Defense may, in coordination with the
Director of the Strategic Capabilities Office and the Chief
of the National Guard Bureau, assemble a collection of four
National Guard units to participate in the testing and
evaluation of a micro nuclear reactor program.
SEC. 231. PILOT PROGRAM ON THE USE OF PRIVATE SECTOR
PARTNERSHIPS TO PROMOTE TECHNOLOGY TRANSITION.
(a) In General.--Consistent with section 2359 of title 10,
United States Code, 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 into acquisition activities and
operational use. Under the pilot program, the Secretary shall
seek to enter into agreements with qualified private sector
organizations to support--
(1) matching technology developers with programs, projects,
and activities of the Department that may have a use for the
technology developed by such developers;
(2) providing technical assistance to appropriate parties
on participating in the procurement programs and acquisition
processes of the Department, including training and
consulting on programming, budgeting, contracting,
requirements, and other relevant processes and activities;
and
(3) overcoming barriers and challenges facing technology
developers, including challenges posed by restrictions on
accessing secure facilities, networks, and information.
(b) Priority.--In carrying out the activities described in
paragraphs (1) through (3) of subsection (a), a qualified
private sector organization 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)).
(c) Terms of Agreements.--The terms of an agreement under
subsection (a) shall be determined by the Secretary of
Defense.
(d) 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 congressional defense
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 into acquisition
activities and operational use 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 congressional defense
committees as required under subsection (e).
(e) Briefing.--Not later than December 31, 2022, the
Secretary of Defense shall provide to the congressional
defense committees a briefing on the progress of the
Secretary in implementing the pilot program under this
section and any related policy issues.
(f) 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); and
(4) such other individuals and organizations as the
Secretary determines appropriate.
(g) 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 private sector organization under subsection
(a).
(h) 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
into acquisition activities and operational use within the
Department of Defense; and
(B) protecting sensitive information 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
congressional defense 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
private sector organization under subsection (a): or
(B) five years after the date of the enactment of this Act.
SEC. 232. PILOT PROGRAM ON DATA REPOSITORIES TO FACILITATE
THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
CAPABILITIES FOR THE DEPARTMENT OF DEFENSE.
(a) Establishment of Data Repositories.--The Secretary of
Defense, acting through the Chief Data Officer of the
Department of Defense and the Director of the Joint
Artificial Intelligence Center (and such other officials as
the Secretary determines appropriate), may carry out a pilot
program under which the Secretary--
(1) establishes data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
(2) allows appropriate public and private sector
organizations to access such data repositories for the
purpose of developing improved artificial intelligence and
machine learning software capabilities that may, as
determined appropriate by the Secretary, be procured by the
Department to satisfy Department requirements and technology
development goals.
(b) Elements.--If the Secretary of Defense carries out the
pilot program under subsection (a), the data repositories
established under the program--
(1) may include unclassified training quality data sets and
associated labels representative of diverse types of
information, representing Department of Defense missions,
business processes, and activities; and
(2) shall--
(A) be categorized and annotated to support development of
a common evaluation framework for artificial intelligence
models and other technical software solutions;
(B) be made available to appropriate public and private
sector organizations to support rapid development of software
and artificial intelligence capabilities;
(C) include capabilities and tool sets to detect, evaluate,
and correct errors in data annotation, identify gaps in
training data used in model development that would require
additional data labeling, and evaluate model performance
across the life cycle of the data repositories; and
(D) be developed to support other missions and activities
as determined by the Secretary.
(c) Briefing.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing
on--
(1) whether the Secretary intends to carry out the pilot
program under this section;
(2) if the Secretary does not intend to carry out the pilot
program, an explanation of the reasons for such decision;
[[Page H6957]]
(3) if the Secretary does intend to carry out the pilot
program, or if the Secretary has already initiated the pilot
program as of the date of the briefing--
(A) the types of information the Secretary determines are
feasible and advisable to include in the data repositories
described in subsection (a); and
(B) the progress of the Secretary in carrying out the
program.
SEC. 233. PILOT PROGRAMS FOR DEPLOYMENT OF TELECOMMUNICATIONS
INFRASTRUCTURE TO FACILITATE 5G DEPLOYMENT ON
MILITARY INSTALLATIONS.
(a) Plans.--
(1) In general.--Not later than 180 days after enactment of
this Act, each Secretary of a military department shall
submit to the congressional defense committees a plan for a
pilot program for the deployment of telecommunications
infrastructure to facilitate the availability of fifth-
generation wireless telecommunications services on military
installations under the jurisdiction of the Secretary.
(2) Plan elements.--Each plan submitted under paragraph (1)
by a Secretary of a military department shall include, with
respect to such military department, the following:
(A) A list of military installations at which the pilot
program will be carried out, including at least one military
installation of the department.
(B) A description of authorities that will be used to
execute the pilot program.
(C) A timeline for the implementation and duration of the
pilot program.
(D) The identity of each telecommunication carrier that
intends to use the telecommunications infrastructure deployed
pursuant to the pilot to provide fifth-generation wireless
telecommunication services at each of the military
installations listed under subparagraph (A).
(E) An assessment of need for centralized processes and
points of contacts to facilitate deployment of the
telecommunications infrastructure.
(b) Pilot Programs Required.--Not later than one year after
the date of the enactment of this Act, each Secretary of a
military department shall establish a pilot program in
accordance with the plan submitted by the Secretary under
subsection (a)(1).
(c) Reports.--
(1) In general.--Not later than 180 days after the date on
which a Secretary of a military department commences a pilot
program under subsection (b), and not less frequently than
once every 180 days thereafter until the completion of the
pilot program, the Secretary shall submit to the
congressional defense committees a report on the pilot
program.
(2) Contents.--Each report submitted under paragraph (1)
for a pilot program shall include the following:
(A) A description of the status of the pilot program at
each military installation at which the pilot program is
carried out.
(B) A description of the use of, and services provided by,
telecommunications carriers of the telecommunications
infrastructure at each military installation under the pilot
program.
(C) Such additional information as the Secretary of the
military department considers appropriate.
(d) Telecommunications Infrastructure Defined.--In this
section, the term ``telecommunications infrastructure''
includes, at a minimum, the following:
(1) Macro towers.
(2) Small cell poles.
(3) Distributed antenna systems.
(4) Dark fiber.
(5) Power solutions.
SEC. 234. LIMITATION ON DEVELOPMENT OF PROTOTYPES FOR THE
OPTIONALLY MANNED FIGHTING VEHICLE PENDING
REQUIREMENTS ANALYSIS.
(a) Limitation.--The Secretary of the Army may not enter
into a contract for the development of a physical prototype
for the Optionally Manned Fighting Vehicle or any other next-
generation infantry fighting vehicle of the Army until a
period of 30 days has elapsed following the date on which the
Secretary submits to the congressional defense committees the
report required under subsection (b).
(b) Report Required.--
(1) In general.--The Secretary of the Army shall submit to
the congressional defense committees a report on the analysis
supporting the determination of formal requirements or
desired characteristics for the Optionally Manned Fighting
Vehicle refined through the concept and detailed design
phases of the acquisition strategy.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed description of the formal requirements
applicable to the Optionally Manned Fighting Vehicle or
desired characteristics guiding the physical prototyping
phase of the program.
(B) A description of the analysis conducted to finalize
such requirements and characteristics.
(C) A description of Optionally Manned Fighting Vehicle-
equipped force structure designs and the operational concepts
analyzed during the vehicle concept design and detailed
design phases.
(D) A detailed description of the analysis conducted,
trade-offs considered, and conclusions drawn with respect to
the force structure designs and operational concepts,
survivability, mobility, lethality, payload, and combat
effectiveness in execution of the critical operational tasks
required of fighting-vehicle-equipped infantry.
(E) An assessment and comparison of the combat
effectiveness (including survivability, mobility, and
lethality) of combined arms company teams equipped with
Optionally Manned Fighting Vehicles compared to those
equipped with fully modernized Bradley Fighting Vehicles.
(c) Briefing Required.--At least 30 days prior to the
submission of the report under subsection (b), the Secretary
of the Army shall provide to the congressional defense
committees a briefing on the preliminary findings of the
Secretary with respect to each element specified in
subsection (b)(2).
(d) Comptroller General Assessment.--Not later than 60 days
after the date on which the report under subsection (b) is
submitted, the Comptroller General of the United States shall
submit to the congressional defense committees a written
assessment of the report, including--
(1) an assessment of the objectivity, validity, and
reliability of the Army's analysis with respect to each
element specified in subsection (b)(2); and
(2) any other matters the Comptroller General determines
appropriate.
SEC. 235. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL
FLIGHT TEST EVENTS AND REDUCTIONS IN
OPERATIONAL FLIGHT TEST CAPACITY.
(a) Limitation.--
(1) In general.--The Secretary of the Navy may not take any
action described in paragraph (2) until the date on which the
Director of Operational Test and Evaluation, in consultation
with the Secretary of the Navy, certifies to the
congressional defense committees that the use of non-test
designated units to conduct flight testing will not have any
appreciable effect on--
(A) the cost or schedule of any naval aviation or naval
aviation-related program; or
(B) the efficacy of test execution, analysis, and
evaluation for any such program.
(2) Actions described.--The actions described in this
paragraph are the following:
(A) The delegation of any operational flight test event to
be conducted by a non-test designated unit.
(B) Any action that would reduce, below the levels
authorized and in effect on October 1, 2020, any of the
following:
(i) The aviation or aviation-related operational testing
and evaluation capacity of the Department of the Navy.
(ii) The personnel billets assigned to support such
capacity.
(iii) 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 September 1, 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 non-test designated operational naval
aviation units and organizations to efficiently and
effectively execute, analyze, and evaluate testing and
evaluation master plans for all aviation-related programs and
projects of the Department of the Navy.
(c) Non-test Designated Unit Defined.--In this section, the
term ``non-test designated unit'' means a naval aviation unit
that does not have designated as its primary mission
operational testing and evaluation in support of naval
aviation or naval aviation-related projects and programs.
SEC. 236. 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 all of the following
conditions are met:
(1) The Secretary of the Navy has submitted to the
congressional defense committees a report that includes--
(A) the unit cost of each such C-130 test aircraft;
(B) the life cycle sustainment plan for such C-130
aircraft;
(C) a statement indicating whether such C-130 aircraft will
be procured using multiyear contracting authority under
section 2306b of title 10, United States Code; and
(D) the total amount of funds needed to complete the
procurement of such C-130 aircraft.
(2) The Secretary of the Navy has certified to the
congressional defense committees that C-130 aircraft in the
inventory of the Air Force as of the date of the enactment of
this Act would not be capable of fulfilling all requirements
under the E-6B aircraft program of record.
(3) The Commander of the United States Strategic Command
has submitted to the congressional defense committees a
report identifying the plan for hardware that will replace
the E-6B aircraft while fulfilling all requirements under the
E-6B program of record.
SEC. 237. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B
AIRCRAFT PROGRAM PENDING SUBMISSION OF
DOCUMENTATION.
(a) Documentation Required.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of the
Air Force shall
[[Page H6958]]
submit to the congressional defense committees an integrated
master schedule that has been approved by the Secretary 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).
SEC. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR THE HIGH
ACCURACY DETECTION AND EXPLOITATION SYSTEM.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for research,
development, test, and evaluation for the Army for the High
Accuracy Detection and Exploitation System, not more than 75
percent may be obligated or expended until the Vice Chairman
of the Joint Chiefs of Staff certifies to the congressional
defense committees that--
(1) the High Accuracy Detection and Exploitation System
enables multi-domain operations for the Army and is
consistent with the Joint All Domain Command and Control
strategy of the Department of Defense; and
(2) in a conflict, the System will be able to operate at
standoff distances for survivability against enemy air
defenses, while providing signals intelligence, electronic
intelligence, communications intelligence, or synthetic
aperture radar or moving target indicator information to the
ground component commander, consistent with planned
operational concepts.
Subtitle C--Plans, Reports, and Other Matters
SEC. 241. 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. 242. 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 Secretary of the Air Force, 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 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, not later than 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. 243. ACQUISITION STRATEGY FOR AN ADVANCED PROPULSION
SYSTEM FOR 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 an 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 the effects of an advanced propulsion
system on the combat effectiveness and sustainment costs of
F-35B and F-35C aircraft, including any effects resulting
from--
(A) increased thrust, fuel efficiency, thermal capacity,
and electrical generation; and
(B) improvements in acceleration, speed, range, and overall
mission effectiveness.
(2) An assessment of how the integration of an advanced
propulsion system may result in--
(A) a reduction in dependency on support assets, including
air refueling and replenishment tankers; and
(B) an overall cost benefit to the Department from reduced
acquisition and sustainment for such support assets.
(3) A competitive acquisition strategy (informed by fiscal
considerations, the assessment of combat effectiveness under
paragraph (1), and consideration of technical limitations)--
(A) to integrate an advanced propulsion system into F-35B
aircraft and F-35C aircraft;
(B) to begin, not later than fiscal year 2027, activities
to produce all F-35B aircraft and all F-35C aircraft with
such propulsion systems; and
(C) to begin, not later than fiscal year 2027, activities
to retrofit all F-35B aircraft and all F-35C aircraft with
such propulsion systems.
(c) Advanced Propulsion System Defined.--In this section,
term ``advanced propulsion system'' means--
(1) a derivative of the propulsion system developed for the
F-35 aircraft under the Adaptive Engine Transition Program of
the Air Force; or
(2) a derivative of a propulsion system previously
developed for the F-35 aircraft.
SEC. 244. ASSESSMENT OF THE DEVELOPMENT AND TEST ENTERPRISE
OF THE AIR FORCE RESEARCH LABORATORY.
(a) Assessment Required.--The Secretary of the Air Force
shall conduct an assessment of the ability of the Air Force
Research Laboratory to effectively carry out development and
testing activities with respect to the capabilities of the
Space Force specific to space access and space operations.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report on
the results of the assessment conducted under subsection (a).
The report shall include an explanation of--
(1) any challenges to the development and testing
capabilities of the Air Force Research Laboratory as
described subsection (a), including any challenges relating
to test activities and infrastructure;
(2) any changes to the organizational structure of the
Laboratory that may be needed to enable the laboratory to
adequately address the missions of both the Space Force and
the Air Force generally, and the amount of funding, if any,
required to implement such changes;
(3) any barriers to the recapitalization of the testing
infrastructure of the Laboratory; and
(4) the plans of the Secretary to address the issues
identified under paragraphs (1) through (3).
SEC. 245. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE
TEST AND EVALUATION ORGANIZATIONS, FACILITIES,
AND LABORATORIES.
(a) Study Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a study on the
resources and capabilities of the test and evaluation
organizations, facilities, and laboratories of the Department
of Defense.
(2) Participation.--Participants in the study conducted
under paragraph (1) shall include the following:
(A) Such members of the Defense Science Board as the
Chairman of the Board considers appropriate for the study.
(B) Such additional temporary members or contracted support
as the Secretary--
(i) selects from those recommended by the Chairman for
purposes of the study; and
(ii) considers to have significant technical, policy, or
military expertise relevant to defense test and evaluation
missions.
(3) Elements.--The study conducted under paragraph (1)
shall include the following:
(A) Assessment of the effectiveness of current
developmental testing, operational testing, and integrated
testing within the Department of Defense in meeting statutory
objectives and the test and evaluation requirements of the
Adaptive Acquisition Framework.
(B) Identification of industry and government best
practices for conducting developmental testing, operational
testing, and integrated testing.
(C) Potential applicability of industry and government best
practices for conducting developmental testing, operational
testing, and integrated testing within the Department to
improve test and evaluation outcomes.
(D) Identification of duplication of efforts and other non-
or low-value added activities that reduce speed and
effectiveness of test and evaluation activities.
(E) Assessment of test and evaluation oversight
organizations within the Office of the Secretary of Defense,
including their authorities, responsibilities, activities,
resources, and effectiveness, including with respect to
acquisition programs of the military departments and Defense
Agencies.
(F) Assessment of the research, development, test, and
evaluation infrastructure master plan required under section
252 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2358 note).
(F) Development and assessment of potential courses of
action to improve the effectiveness of oversight of
developmental testing, operational testing, and integrated
testing activities, and test and evaluation resources within
the Office of the Secretary of Defense, including as one such
course of action establishing a single integrated office with
such responsibilities.
(G) Development of such recommendations as the Defense
Science Board may have for legislative changes, authorities,
organizational realignments, and administrative actions to
improve test and evaluation oversight and capabilities, and
facilitate better test and evaluation outcomes.
(H) Such other matters as the Secretary considers
appropriate.
(4) Access to information.--The Secretary of Defense shall
provide the Defense Science Board with timely access to
appropriate information, data, resources, and analysis so
that the Board may conduct a thorough and independent
analysis as required under this subsection.
(5) Report.--
(A) Report of board.--Not later than one year after the
date on which the Secretary of Defense directs the Defense
Science Board to conduct the study under paragraph (1), or
December 1, 2022, whichever occurs earlier, the Board shall
transmit to the Secretary a final report on the study.
(B) Submittal to congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the final
report under subparagraph (A), the Secretary shall submit to
the congressional defense committees such report and such
comments as the Secretary considers appropriate.
(b) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide the congressional defense committees a briefing
on the schedule and plan to execute activities under this
section.
SEC. 246. REPORT ON AUTONOMY INTEGRATION IN MAJOR WEAPON
SYSTEMS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act,
[[Page H6959]]
the Secretary of Defense shall submit to the congressional
defense committees a report on activities to resource and
integrate autonomy software into appropriate systems to
enable the continued operational capability of such systems
in GPS-denied environments by fiscal year 2025.
(b) Elements.--The report required under subsection (a)
shall include--
(1) a list of systems, 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 integrating autonomy software into the
systems as identified under paragraph (1);
(3) funding requirements related to the development,
acquisition, and testing of autonomy software for such
systems;
(4) plans to leverage advanced artificial intelligence
technologies, as appropriate, for such systems;
(5) plans for ensuring the safety and security of such
systems equipped with autonomy software, including plans for
testing, evaluation, validation, and verification of such
systems; and
(6) a list of Department of Defense policies in effect as
of the date of the report that would need to be modified or
revoked in order to implement the software integration
described in subsection (a).
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 247. REPORTS AND BRIEFINGS ON RECOMMENDATIONS OF THE
NATIONAL SECURITY COMMISSION ON ARTIFICIAL
INTELLIGENCE REGARDING THE DEPARTMENT OF
DEFENSE.
(a) Reports Required.--On an annual basis during the two-
year period beginning on the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the
recommendations made by the National Security Commission on
Artificial Intelligence with respect to the Department of
Defense. Each such report shall include--
(1) for each such recommendation, a determination of
whether the Secretary of Defense intends to implement the
recommendation;
(2) in the case of a recommendation the Secretary intends
to implement, the intended timeline for implementation, a
description of any additional resources or authorities
required for such implementation, and the plan for such
implementation;
(3) in the case of a recommendation the Secretary
determines is not advisable or feasible, the analysis and
justification of the Secretary in making that determination;
and
(4) in the case of a recommendation the Secretary
determines the Department is already implementing through a
separate line of effort, the analysis and justification of
the Secretary in making that determination.
(b) Briefings Required.--Not less frequently than once each
year during the two-year period beginning on the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on--
(1) the progress of the Secretary in analyzing and
implementing the recommendations made by the National
Security Commission on Artificial Intelligence with respect
to the Department of Defense;
(2) any programs, projects, or other activities of the
Department that are being carried out to advance the
recommendations of the Commission; and
(3) the amount of funding provided for such programs,
projects, and activities.
TITLE III--OPERATION AND MAINTENANCE
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. Energy efficiency targets for Department of Defense data
centers.
Sec. 313. Grants for maintaining or improving military installation
resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy
resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost
savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in
contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership
program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill
Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major
military installations.
Sec. 320. Demonstration program on domestic production of rare earth
elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at
certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas
emissions.
Subtitle C--National Security Climate Resilience
Sec. 331. Definitions.
Sec. 332. Climate Resilience Infrastructure Initiative of the
Department of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber
attacks or disruptions in reports on national technology
and industrial base.
Sec. 334. Climate resilience in planning, engagement strategies,
infrastructure, and force development of Department of
Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department
of Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and
assessment on health implications of per- and
polyfluoroalkyl substances contamination in drinking
water by Agency for Toxic Substances and Disease
Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances, polyfluoroalkyl substances,
and aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or polyfluoroalkyl
substances.
Sec. 346. Review of agreements with non-Department entities with
respect to prevention and mitigation of spills of aqueous
film-forming foam.
Sec. 347. Comptroller General study on Department of Defense
procurement of certain items containing certain PFAS
substances.
Sec. 348. Report on schedule for completion of remediation of
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and
polyfluoroalkyl substances at certain military
installations.
Subtitle E--Logistics and Sustainment
Sec. 351. Mitigation of contested logistics challenges of the
Department of Defense through reduction of operational
energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for
corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard
Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment
costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment
efforts.
Subtitle F--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense
regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency
of special operations forces.
Subtitle G--Other Matters
Sec. 371. Military Aviation and Installation Assurance Clearinghouse
matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working
dogs.
Sec. 374. Extension of temporary authority to extend contracts and
leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean
training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on
preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics,
techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 380. Authority for activities to improve next generation radar
systems capabilities.
Sec. 381. Pilot program on military working dog and explosives
detection canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.
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.
[[Page H6960]]
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.'';
and
(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 strategic risks associated
with military installation resilience.
(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) Modification to Annual Report Related to Installations
Energy Management, Energy Resilience, and Mission Assurance
and Readiness.--
(1) Modification.--Section 2925(a) of title 10, United
States Code, is amended--
(A) by redesignating paragraph (8) as paragraph (10); and
(B) by inserting after paragraph (7) the following new
paragraphs:
``(8) 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.
``(9) An assessment of vulnerabilities to military
installation resilience.''.
(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 section 2925(a) of title 10, United States Code (as
amended by 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. 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 of Defense 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, or related technologies such as advanced battery
storage capacity, to enhance resiliency at the data center,
including potential renewable or clean energy purchase
targets based on the location of the data center; and
``(E) identify any statutory, regulatory, or policy
barriers to meeting any target under any of subparagraphs (A)
through (C).
``(2) The Secretary of Defense shall ensure that targets
developed under paragraph (1) are consistent with guidance
issued by the Secretary of Energy.
``(3) In this subsection, the term `covered data center'
means a data center of the Department of Defense 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 of Defense data
center established on or after the date of the enactment of
this section, the Secretary of Defense shall establish
energy, water usage, and resiliency-related standards that
the data center shall be required to meet based on location,
resiliency, industry and Federal 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 and, for each such data center, the power usage
effectiveness for the center.
(E) The number of data centers that measure water usage
effectiveness and, for each such data center, the water usage
effectiveness 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 determined relevant by the Secretary.
(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 the following:
(1) A timeline of necessary actions required to meet the
energy assessment targets for covered data centers.
[[Page H6961]]
(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).
(d) 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.
SEC. 313. GRANTS FOR MAINTAINING OR IMPROVING MILITARY
INSTALLATION RESILIENCE.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by adding at the end the
following new subparagraph:
``(D) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds, in order to assist a State or local government in
planning, enhancing infrastructure, and implementing measures
and projects (to include resilience measures and projects
involving the protection, restoration, and maintenance of
natural features) that, as determined by the Secretary of
Defense, will contribute to maintaining or improving military
installation resilience or will prevent or mitigate
encroachment that could affect operations of the Department
of Defense.''; and
(2) in subsection (e)(1), by striking ``subsection
(b)(1)(D)'' and inserting ``paragraphs (1)(D) and (E) and
(5)(D) of subsection (b) and subsection (d)''.
SEC. 314. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN
EVALUATING 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) Assessment of Life-cycle Costs and Performance of
Potential Energy Resilience Projects.--(1) Subject to the
availability of appropriations, the Secretary of Defense
shall develop and institute a process to ensure that the
Department of Defense, when evaluating energy resilience
measures, uses analytical tools that are accurate and
effective in projecting the costs and performance of such
measures.
``(2) Analytical tools used under 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) Reporting Requirement.--If amounts are appropriated to
carry out the requirements under subsection (i) of section
2911 of title 10, United States Code, as added by subsection
(a), not later than September 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
execution by the Secretary of such requirements.
SEC. 315. AUTHORITY TO TRANSFER AMOUNTS DERIVED FROM ENERGY
COST SAVINGS.
Section 2912 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``until expended'' and
inserting ``for that fiscal year and the succeeding fiscal
year''; and
(2) by adding at the end the following new subsection:
``(e) Transfer of Amounts.--(1) The Secretary of Defense
may transfer amounts described in subsection (a) that remain
available for obligation to other funding accounts of the
Department of Defense if the purpose for which such amounts
will be used is a purpose specified in subsection (b) or (c).
``(2) Amounts transferred to a funding account of the
Department under paragraph (1) shall be available for
obligation for the same period as amounts in that account.
``(3) At the end of each fiscal year, the Secretary of
Defense shall submit to Congress a report detailing any funds
transferred pursuant to paragraph (1) during that fiscal
year, including a detailed description of the purpose for
which such amounts have been used.''.
SEC. 316. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN
PITS IN CONTINGENCY OPERATIONS OUTSIDE THE
UNITED STATES.
Section 317(a) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2701 note)
is amended by adding at the end the following new paragraphs:
``(3) Exemption authority for certain locations.--
``(A) In general.--The Secretary may exempt a location from
the prohibition under paragraph (1) if the Secretary
determines it is in the paramount interest of the United
States to do so.
``(B) Nondelegation.--The Secretary may not delegate the
authority under subparagraph (A).
``(4) Reporting requirement for location exemptions.--
``(A) In general.--Not later than 30 days after granting an
exemption pursuant to paragraph (3)(A) with respect to the
use of an open-air burn pit at a location, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a written report that
identifies--
``(i) the location of the open-air burn pit;
``(ii) the number of personnel of the United States
assigned to the location where the open-air burn pit is being
used;
``(iii) the size and expected duration of use of the open-
air burn pit;
``(iv) 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
``(v) the need for the open-air burn pit and rationale for
granting the exemption.
``(B) Form.--A report submitted under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.''.
SEC. 317. EXPANSION OF PURPOSES OF SENTINEL LANDSCAPES
PARTNERSHIP PROGRAM TO INCLUDE RESILIENCE.
(a) In General.--Section 317 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2684a note) is amended--
(1) in subsection (a), in the first sentence, by inserting
``and restore'' after ``to preserve'';
(2) in subsection (c)--
(A) by inserting ``resilience,'' after ``benefit of
conservation,''; and
(B) by inserting ``, resilience,'' after ``land
management'';
(3) in subsection (d), in the second sentence, by inserting
``by an eligible landowner or agricultural producer'' after
``Participation'';
(4) by redesignating subsection (e) as subsection (f);
(5) by inserting after subsection (d) the following new
subsection (e):
``(e) Participation by Other Agencies.--Other Federal
agencies with programs addressing conservation or resilience
may, and are encouraged to--
``(1) participate in the activities of the Sentinel
Landscapes Partnership; and
``(2) become full partners in the Sentinel Landscapes
Partnership.''; and
(6) in subsection (f), as redesignated by paragraph (4), 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,
wildfire, or other anticipated or unanticipated changes in
environmental conditions.''.
(b) Inclusion of Program Information in Certain Annual
Reports.--Section 2684a(g)(2) of title 10, United States
Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Information concerning the activities undertaken
pursuant to the Sentinel Landscapes Partnership established
under section 317 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a
note).''.
(c) Conservation and Cultural Activities.--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 involves a
sentinel landscape'' before the semicolon; and
(ii) in subparagraph (B), by inserting ``or that would
contribute to maintaining or improving military installation
resilience'' before the semicolon; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or nature-based
climate resilience plans'' before the period; and
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) by striking ``single ecosystem that encompasses'' and
inserting ``single ecosystem--
``(I) that encompasses'';
(bb) by redesignating clause (ii) as subclause (II) and
moving such subclause, as so redesignated, two ems to the
right; and
(cc) in subclause (II), as redesignated by item (bb), by
striking the period at the end and inserting ``; or''; and
(II) by adding at the end the following new clause (ii):
``(ii) for one or more ecosystems within a sentinel
landscape.''; and
(2) by adding at the end the following new subsection:
``(e) Sentinel Landscape Defined.--In this section, the
term `sentinel landscape' has the meaning given that term in
section 317(f) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a
note).''.
SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT
RED HILL BULK FUEL STORAGE FACILITY, HAWAI`I.
(a) Sense of Congress.--In order to fully effectuate
national security, assure the maximum safe utilization of the
Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai`i, and
fully address concerns as to potential impacts of the
facility on public health, it is the sense of Congress that
the Secretary of the Navy and the Defense Logistics Agency
should--
(1) operate and maintain the Red Hill Bulk Fuel Storage
Facility to the highest standard possible; and
(2) require safety inspections to be conducted more
frequently based on the corrosion rate of the piping and
overall condition of the pipeline system and support
equipment at the facility.
(b) Inspection Requirement.--
(1) Inspection required.--The Secretary of the Navy shall
direct the Naval Facilities Engineering Command to conduct an
inspection of
[[Page H6962]]
the pipeline system, supporting infrastructure, and
appurtenances, including valves and any other corrosion prone
equipment, at the Red Hill Bulk Fuel Storage Facility.
(2) Inspection agent; standards.--The inspection required
by this subsection shall be performed--
(A) by an independent American Petroleum Institute
certified inspector who will present findings of the
inspection and options to the Secretary of the Navy for
improving the integrity of the Red Hill Bulk Fuel Storage
Facility and its appurtenances; and
(B) in accordance with the Unified Facilities Criteria
(UFC-3-460-03) and American Petroleum Institute 570
inspection standards.
(3) Exception.--The inspection required by this subsection
excludes the fuel tanks at the Red Hill Bulk Fuel Storage
Facility.
(c) Life-cycle Sustainment Plan.--In conjunction with the
inspection required by subsection (b), the Naval Facilities
Engineering Command shall prepare a life-cycle sustainment
plan for the Red Hill Bulk Fuel Storage Facility, which shall
consider the current condition and service life of the tanks,
pipeline system, and support equipment.
(d) Consideration of Alternatives to Red Hill Bulk Fuel
Storage Facility.--The Secretary of Defense shall conduct an
assessment of possible alternatives to the Red Hill Bulk Fuel
Storage Facility for bulk fuel storage, including
consideration of at least three locations outside of the
State of Hawai`i. The assessment shall be based on the
overall requirement to support the fuel requirements of the
Pacific Fleet, the costs and timeline for recapitalization of
the Red Hill Bulk Fuel Storage Facility to the standards
delineated in subsection (b)(2)(B), and the costs and
timeline to establish an alternative location for secure bulk
fuel storage.
(e) Reporting Requirement.--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 containing--
(1) the results of the independent inspection of the Red
Hill Bulk Fuel Storage Facility conducted under subsection
(b);
(2) the life-cycle sustainment plan prepared by the Naval
Facilities Engineering Command under subsection (c);
(3) the results of the assessment conducted by the
Secretary under subsection (d) of possible alternatives to
the Red Hill Bulk Fuel Storage Facility; and
(4) options on improving the security and maintenance of
the Red Hill Bulk Fuel Storage Facility.
SEC. 319. ENERGY, WATER, AND WASTE NET-ZERO REQUIREMENT FOR
MAJOR MILITARY INSTALLATIONS.
(a) Requirement.--The Secretary of Defense shall improve
military installation efficiency, performance, and management
by ensuring that at least 10 percent of major military
installations achieve energy net-zero and water or waste net-
zero by fiscal year 2035.
(b) Study on Requirement.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall seek to enter into
a contract with a federally funded research and development
center to carry out a study on the net-zero requirement
specified in subsection (a) that assesses, at a minimum, the
following:
(A) Potential methods or strategies to achieve such
requirement by the fiscal year 2035 deadline.
(B) The resiliency of major military installations subject
to such requirement with respect to grid or other utility
disruptions.
(C) The life-cycle costs related to such requirement.
(D) Computation methods for determining such life-cycle
costs.
(E) Such other matters as the federally funded research and
development center carrying out the study determines
appropriate.
(2) Deadline.--The study under paragraph (1) shall be
completed by not later than February 1, 2023.
(3) Briefing.--Upon completion of the study under paragraph
(1), the Secretary shall provide to the Committees on Armed
Services of the House of Representatives and Senate a
briefing on the findings of the study.
(c) Status Report and Briefings on Progress Toward Meeting
Current Goal Regarding Use of Renewable Energy to Meet
Facility Energy Needs.--
(1) 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 Senate a report on the progress the Secretary has made
toward meeting the goal described in section 2911(g)(1)(A) of
title 10, United States Code, with respect to fiscal year
2025.
(2) Briefings.--During fiscal year 2022 and each succeeding
fiscal year through fiscal year 2025, the Secretary shall
provide to the Committees on Armed Services of the House of
Representatives and Senate a briefing on the progress the
Secretary has made toward meeting the goal described in
section 2911(g)(1)(A) of title 10, United States Code, with
respect to fiscal year 2025.
(d) Major Military Installation Defined.--In this section,
the term ``major military installation'' has the meaning
given to the term ``large site'' in the most recent version
of the Department of Defense Base Structure Report issued
before the date of the enactment of this Act.
SEC. 320. DEMONSTRATION PROGRAM ON DOMESTIC PRODUCTION OF
RARE EARTH ELEMENTS FROM COAL BYPRODUCTS.
(a) Demonstration Program Required.--Not later than 120
days after the date of the enactment of this Act, the
Secretary of Defense shall commence carrying out a
demonstration program on recovering rare earth elements and
critical minerals from acid mine drainage and other coal
byproducts.
(b) Partnership.--In carrying out the demonstration program
required by subsection (a), the Secretary shall seek to enter
into a partnership with one or more institutions of higher
education that can demonstrate techniques for recovering rare
earth elements and critical minerals from acid mine drainage
and other coal byproducts, as the Secretary considers
applicable.
(c) Elements.--The demonstration program required by
subsection (a) shall address the following:
(1) The efficacy of separating rare earth elements and
critical minerals from acid mine drainage.
(2) The feasibility of bringing such technology to
commercialized scale.
(3) Domestic locations that are appropriate for the
deployment of such technology.
(4) The ability of such technology to meet the requirements
of the defense industrial base to supplement the rare earth
element and critical mineral needs of the Department of
Defense.
(d) Duration.--The demonstration program required by
subsection (a) shall be carried out during the one-year
period beginning on the date of the commencement of the
demonstration program.
(e) Briefing.--Not later than 120 days after the date of
the completion of the demonstration program required by
subsection (a), the Secretary and the program manager of the
institute of higher education with whom the Secretary
partners pursuant to subsection (b) shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the elements of the
demonstration program set forth under subsection (c).
SEC. 321. 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--
(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. 322. PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK
EMISSIONS AT CERTAIN MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may conduct a
pilot program (to be known as the ``Installations Emissions
Tracking Program'') to evaluate the feasibility and
effectiveness of software and emerging technologies and
methodologies to track real-time emissions from military
installations and installation assets.
(b) Goals.--The goals of the Installations Emissions
Tracking Program shall be--
(1) to evaluate the capabilities of software and emerging
technologies and methodologies to effectively track emissions
in real time; and
[[Page H6963]]
(2) to reduce energy costs and increase efficiencies.
(c) Locations.--If the Secretary conducts the Installations
Emissions Tracking Program, the Secretary shall select, for
purposes of the Program, four major military installations
located in different geographical regions of the United
States.
SEC. 323. DEPARTMENT OF DEFENSE PLAN TO REDUCE GREENHOUSE GAS
EMISSIONS.
(a) Plan Required.--Not later than September 30, 2022, the
Secretary of Defense shall submit to Congress a plan to
reduce the greenhouse gas emissions of the Department of
Defense.
(b) Briefings.--The Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate annual briefings on the progress of the
Department of Defense toward meeting science-based emissions
targets in the plan required by subsection (a).
Subtitle C--National Security Climate Resilience
SEC. 331. DEFINITIONS.
In this subtitle:
(1) The terms ``climate resilience'' and ``extreme
weather'' have the meanings given such terms in section
101(a) of title 10, United States Code, as amended by section
332.
(2) The term ``climate security'' has the meaning given
such term in the second subsection (e) of section 120 of the
National Security Act of 1947 (50 U.S.C. 3060(e)).
(3) The term ``military installation resilience'' has the
meaning given such term in section 101(e) of title 10, United
States Code.
SEC. 332. CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE OF THE
DEPARTMENT OF DEFENSE.
(a) Climate Resilience Infrastructure Initiative.--Chapter
136 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2285. Department of Defense Climate Resilience
Infrastructure Initiative
``(a) Designation.--The programs, practices, and activities
carried out pursuant to this section shall be known
collectively as the `Climate Resilience Infrastructure
Initiative of the Department of Defense'.
``(b) Hardening and Quick Recovery.--In carrying out
military installation resilience plans pursuant to section
2864 of this title, the Secretary of Defense shall ensure
that the development by the Department of Defense of
requirements for backup utilities, communications, and
transportation to ensure that the critical infrastructure of
Department facilities is hardened, developed, and constructed
for quick recovery from natural disasters and the impacts of
extreme weather.
``(d) Sustainment and Modernization.--The Secretary shall
develop sustainment and modernization requirements for
facilities of the Department in connection with climate
resilience.
``(e) Collaboration in Planning With Local Communities.--
The Secretary shall develop, within existing frameworks for
collaborative activities between military installations and
State and local communities, and in addition to the
requirements of section 2864(c) of this title, a framework
that authorizes and directs installation commanders to engage
with State, regional, and local agencies, and with local
communities, on planning for climate resilience, to enhance
efficient response to impacts of extreme weather and secure
collaborative investment in infrastructure that is resilient
to the current and projected impacts of extreme weather.
``(f) Testing and Training Range Lands.--
``(1) Practices for sustainment of lands.--The Secretary
shall develop and implement practices to sustain the lands of
the military testing and training ranges of the Department,
and the lands of testing and training ranges on State-owned
National Guard installations, through the adaptation and
resilience of such lands to the current and projected impacts
of extreme weather to ensure the ongoing availability of such
lands to military personnel, weapon systems, and equipment
for testing and training purposes.
``(2) Training and education on sustainment of lands.--The
Secretary shall develop a program of training and education
for members of the Armed Forces (including the reserve
components) on the importance of the sustainment of the lands
of the military testing and training ranges as described in
paragraph (1).
``(3) Investment in resilience of lands.--The Secretary
shall use existing programs of the Department, including the
Readiness and Environmental Protection Integration Program of
the Department (or such successor program), to provide for
investments determined appropriate by the Secretary in the
lands of the military testing and training ranges, to
increase the resilience and adaptation of such lands to the
current and projected impacts of extreme weather for testing
and training purposes in connection with current and
projected testing and training requirements in the short- and
long-term.
``(b) Use of Certain Technologies.--The Secretary shall
take appropriate actions to increase the use of low emission,
emission-free, and net-zero-emission energy technologies in
the operations, programs, projects, and activities of the
Department, provided the use is cost effective over the life-
cycle of the investment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2285. Department of Defense Climate Resilience Infrastructure
Initiative.''.
(c) Definitions.--Section 101(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraphs:
``(19) The term `climate resilience' means the capability
to avoid, prepare for, minimize the effect of, adapt to, and
recover from, extreme weather, or from anticipated or
unanticipated changes in environmental conditions, that do
(or have the potential to) adversely affect the national
security of the United States or of allies and partners of
the United States.
``(20) The term `extreme weather' means recurrent flooding,
drought, desertification, wildfires, thawing permafrost, sea
level fluctuation, changes in mean high tides, or any other
weather-related event, or anticipated change in environmental
conditions, that present (or are projected to present) a
recurring annual threat to the climate security of the United
States or of allies and partners of the United States.''.
SEC. 333. INCLUSION OF INFORMATION REGARDING EXTREME WEATHER
AND CYBER ATTACKS OR DISRUPTIONS IN REPORTS ON
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 2504(3)(B) of title 10, United States Code, is
amended by inserting ``(including vulnerabilities related to
the current and projected impacts of extreme weather and to
cyber attacks or disruptions)'' after ``industrial base''.
SEC. 334. CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT
STRATEGIES, INFRASTRUCTURE, AND FORCE
DEVELOPMENT OF DEPARTMENT OF DEFENSE.
(a) Climate Challenges and Climate Resilience in Key
Processes of Department of Defense.--The Secretary of Defense
shall direct that the acquisition, budget planning and
execution, infrastructure planning and sustainment, force
development, engagement strategy development, security
assistance, and other core processes of the Department of
Defense fully consider and make needed adjustments to account
for current and emerging climate and environmental challenges
and to ensure the climate resilience of assets and
capabilities of the Department, to include cost effectiveness
over the life cycle of the investment weighed against threat
reduction.
(b) Climate Resilience Mission Impact Assessment.--
(1) In general.--The Secretary shall conduct a mission
impact assessment on climate resilience for the Department.
(2) Elements.--The assessment conducted under paragraph (1)
shall include the following:
(A) An assessment of the direct impacts of extreme weather
on the deployment and operations of the Armed Forces, and the
manner in which extreme weather may impact the requirements
of the commanders of the combatant commands in the respective
areas of responsibility of such commanders, including--
(i) an assessment of the evolving posture of peer
competitors and impacts to deployment and operations of peer
competitors due to extreme weather;
(ii) an assessment of the impacts of expanding requirements
for Department humanitarian assistance and disaster response
due to extreme weather;
(iii) a threat assessment of the impacts of extreme
weather, drought, and desertification on regional stability;
(iv) an assessment of risks to home station strategic and
operational support area readiness, including the strategic
highway network, the strategic rail network, and strategic
air and sea ports; and
(v) the development of standards for data collection to
assist decision-making processes for research, development,
and acquisition priorities for installation and
infrastructure resilience to extreme weather.
(B) A long-term strategic plan, including war games and
exercises, centered on climate-driven crises, and a long-term
assessment of climate security by the Office of Net
Assessment of the Department.
(C) A review outlining near-term and long-term needs for
research, development, and deployment for equipment and other
measures required to assure the resilience of the assets and
capabilities of the Department and each component thereof,
and of key elements of the defense industrial base and
supporting transportation networks, to the impacts of extreme
weather.
(c) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and every five years thereafter,
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 on the broader strategic and
operational impacts of extreme weather on the Department,
measures to address such impacts, and progress in
implementing new technologies and platforms, training and
education methods, and data collection and dissemination for
each military department to meet the respective mission
requirements of the department.
(2) Research, development, and deployment needs.--Each
report required by paragraph (1) shall identify research,
development, and deployment needs for each combatant command
and functional command.
SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF
DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall direct the
Secretary of each military department to--
(1) assess the vulnerability of installations and other
facilities under the jurisdiction of such Secretary, and of
State-owned National Guard installations, to the current and
projected impacts of extreme weather, using vulnerability and
risk assessment tools chosen or developed pursuant to section
326 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1310);
(2) assess the infrastructure required for successful
operation of such installations and facilities in response to
any such vulnerabilities
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and ensure the military installation resilience of such
installations and facilities; and
(3) develop installation-specific plans pursuant to section
2864(c) of title 10, United States Code, and similar plans
for State-owned National Guard installations, to address such
vulnerabilities.
(b) Facility Assessment.--In carrying out subsection (a),
the Secretary of each military department shall determine the
needs of the military installations and other facilities
under the jurisdiction of such Secretary, and of State-owned
National Guard installations, based on the level of risks
posed by the current and projected impacts of extreme
weather, the likelihood of such risks, and the role of such
installations and facilities in maintaining overall readiness
and operational capability.
(c) Considerations.--In carrying out the assessments and
developing the plans required under this section, the
Secretary of Defense shall ensure that the cost effectiveness
over the life-cycle of the investment, and the feasibility of
solutions and technologies, are considered.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES.
(a) In General.--Chapter 160 of title 10, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 2714. Perfluoroalkyl substances and polyfluoroalkyl
substances task force
``(a) In General.--The Secretary of Defense shall establish
a task force to address the effects of the release of
perfluoroalkyl substances and polyfluoroalkyl substances from
activities of the Department of Defense (in this section
referred to as the `PFAS Task Force').
``(b) Membership.--The members of the PFAS Task Force are
the following:
``(1) The Assistant Secretary of Defense for Energy,
Installations, and Environment.
``(2) The Assistant Secretary of the Army for
Installations, Energy, and Environment.
``(3) The Assistant Secretary of the Navy for Energy,
Installations, and Environment.
``(4) The Assistant Secretary of the Air Force for
Installations, Environment, and Energy.
``(5) The Assistant Secretary of Defense for Health
Affairs.
``(c) Chairman.--The Assistant Secretary of Defense for
Energy, Installations, and Environment shall be the chairman
of the PFAS Task Force.
``(d) Support.--The Under Secretary of Defense for
Personnel and Readiness and such other individuals as the
Secretary of Defense considers appropriate shall support the
activities of the PFAS Task Force.
``(e) Duties.--The duties of the PFAS Task Force are the
following:
``(1) Monitoring the health aspects of exposure to
perfluoroalkyl substances and polyfluoroalkyl substances, as
found by the Secretary of Health and Human Services.
``(2) Identifying, and funding the procurement of, an
effective alternative to firefighting foam containing
perfluoroalkyl substances or polyfluoroalkyl substances.
``(3) Coordinating within the Department of Defense with
respect to mitigating the effects of the release of
perfluoroalkyl substances and polyfluoroalkyl substances.
``(4) Assessing the perceptions of Congress and the public
of the efforts of the Department of Defense with respect to
mitigating the effects of the release of perfluoroalkyl
substances and polyfluoroalkyl substances from activities of
the Department.
``(f) Report.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2022, and quarterly thereafter, the Chairman of
the PFAS Task Force shall submit to Congress a report on the
activities of the task force.
``(g) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
``Sec. 2715. Testing for perfluoroalkyl substances and
polyfluoroalkyl substances at military installations and
facilities of the National Guard
``(a) In General.--Not later than two years after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2022, the Secretary of Defense shall complete
preliminary assessment and site inspection testing for
perfluoroalkyl substances and polyfluoroalkyl substances at
all military installations and facilities of the National
Guard located in the United States that are identified as of
March 31, 2021, as having a release of perfluoroalkyl
substances or polyfluoroalkyl substances.
``(b) Determination of Contamination.--Testing conducted
under subsection (a) at a military installation or facility
of the National Guard shall determine--
``(1) whether the installation or facility has
contamination from a perfluoroalkyl substance or
polyfluoroalkyl substance; and
``(2) whether activities in connection with such
installation or facility have caused contamination from a
perfluoroalkyl substance or polyfluoroalkyl substance outside
of such installation or facility.
``(c) Additional Response Actions.--Testing conducted under
subsection (a) shall provide at least a preliminary basis for
determining whether additional environmental response actions
are necessary to address contamination from a perfluoroalkyl
substance or polyfluoroalkyl substance.
``(d) Type of Testing.--When testing for perfluoroalkyl
substances or polyfluoroalkyl substances under subsection (a)
or any other provision of law, the Secretary shall use a
method to measure for all perfluoroalkyl substances or
polyfluoroalkyl substances in drinking water that has been
validated by the Administrator of the Environmental
Protection Agency.
``(e) Definitions.--In this section:
``(1) The term `military installation' has the meaning
given such term in section 2801(c)(4) of this title.
``(2) The terms `perfluoroalkyl substance' and
`polyfluoroalkyl substance' have the meanings given such
terms in section 2714 of this title.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by adding at the end the following new
items:
``2714. Perfluoroalkyl substances and polyfluoroalkyl substances task
force.
``2715. Testing for perfluoroalkyl substances and polyfluoroalkyl
substances at military installations and facilities of
the National Guard.''.
(c) Reports on Status of Testing.--
(1) Submission.--For each of fiscal years 2022 through
2024, the Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
report on the status of the testing conducted under section
2715(a) of title 10, United States Code (as added by
subsection (a)), during such year.
(2) Matters.--Each report submitted under paragraph (1)
shall identify, with respect to testing conducted under such
section 2715(a)--
(A) each military installation or facility where testing
has been completed;
(B) each military installation or facility where testing
has not yet been completed;
(C) the projected completion date for testing at military
installations or facilities where testing has not yet been
completed;
(D) the results of testing at military installations or
facilities where testing has been completed; and
(E) the actions planned, and the projected timelines for
such actions, for each military installation or facility to
address contamination by a perfluoroalkyl substance or
polyfluoroalkyl substance.
(3) Timing.--Each report under paragraph (1) shall be
submitted not later than January 1 of the fiscal year
immediately following the fiscal year covered by the report.
(4) Limitation on delegation.--The Secretary may delegate
the responsibility for preparing the reports required by
paragraph (1) only to the Deputy Secretary of Defense.
(5) Definitions.--In this subsection, the terms ``military
installation'', ``perfluoroalkyl substance'', and
``polyfluoroalkyl substance'' have the meanings given such
terms in section 2715 of title 10, United States Code (as
added by subsection (a)).
SEC. 342. EXTENSION OF TRANSFER AUTHORITY FOR FUNDING OF
STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES
CONTAMINATION IN DRINKING WATER BY AGENCY FOR
TOXIC SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1350), as amended by section 315(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1713), section 321 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1307), and section 337 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), is further
amended by striking ``fiscal years 2019, 2020, and 2021'' and
inserting ``fiscal years 2019 through 2023''.
SEC. 343. 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 120
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 issues guidance
implementing--
(A) 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); and
(B) section 330 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701
note).
(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)(A).
(c) Report.--Not later than one year after the enactment of
this Act, and annually thereafter for three years, the
Secretary shall submit to the Administrator and the
Committees on Armed Services of the Senate and the House of
Representatives 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 specified in the permit where the
covered materials were incinerated;
[[Page H6965]]
(3) the locations and facilities where the covered
materials were incinerated;
(4) details on actions taken by the Department of Defense
to implement section 330 of the National Defense
Authorization Act for Fiscal Year 2020; and
(5) recommendations for the safe storage of PFAS and PFAS-
containing materials prior to destruction and disposal.
(d) Scope.--The prohibition in subsection (a) and reporting
requirements in subsection (c) shall apply not only to
materials sent directly by the Department of Defense to an
incinerator, but also to materials sent to another entity or
entities, including any waste processing facility,
subcontractor, or fuel blending facility, prior to
incineration.
(e) Definitions.--In this section:
(1) The term ``AFFF'' means aqueous film forming foam.
(2) The term ``covered material'' means any 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. 344. 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. 345. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF
DEFENSE TESTING OF WATER FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) Public Disclosure of Results.--
(1) In general.--Except as provided in paragraph (2), not
later than 20 days after the receipt of a final 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
final 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 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.
(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. 346. REVIEW OF AGREEMENTS WITH NON-DEPARTMENT ENTITIES
WITH RESPECT 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 mutual support agreements entered
into with non-Department of Defense entities (including State
and local entities) that involve fire suppression activities
in support of missions of the Department.
(b) Matters.--The review under subsection (a) shall assess,
with respect to the agreements specified in such subsection,
the following:
(1) The preventative maintenance guidelines specified in
such agreements for fire trucks and fire suppression systems,
to mitigate the risk of equipment failure that may result in
a spill of aqueous film-forming foam (in this section
referred to as ``AFFF'').
(2) Any requirements specified in such agreements for the
use of personal protective equipment by personnel when
conducting a material transfer or maintenance activity
pursuant to the agreement 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, or the non-
Department entity with which the Secretary has entered into
the agreement, ensures compliance with guidance specified in
the agreement with respect to the use of such personal
protective equipment.
(c) Guidance.--Not later than 90 days after the date on
which the Secretary completes the review under subsection
(a), the Secretary shall issue guidance (based on the results
of such review) on requirements to include under the
agreements specified in such subsection, to ensure the
prevention and mitigation of spills of AFFF. Such guidance
shall include, 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 carried out pursuant to such an agreement 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 pursuant to such an agreement 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
[[Page H6966]]
during any transfer or activity specified in paragraph (1).
(d) Briefing.--Not later than 30 days after the date on
which the Secretary issues the guidance under subsection (c),
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 (c).
SEC. 347. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF DEFENSE
PROCUREMENT OF CERTAIN ITEMS CONTAINING CERTAIN
PFAS SUBSTANCES.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the procurement by the Department of
Defense of certain items that contain covered PFAS
substances.
(b) Elements.--In conducting the study under subsection
(a), the Comptroller General shall assess the following:
(1) The extent to which information is available to the
Department of Defense regarding the presence of covered PFAS
substances in the items procured by the Department.
(2) The challenges, if any, that exist in identifying the
presence of covered PFAS substances in the items the
Department procures, including whether there are certain
categories of items that are more readily identified than
others as containing such substances.
(3) The extent to which the Department has examined the
feasibility of prohibiting the procurement of items
containing covered PFAS substances.
(4) Such other topics as may be determined necessary by the
Comptroller General.
(c) Items.--In conducting the study under subsection (a),
the Comptroller General shall, to the extent practicable,
examine information relating to the consideration by the
Department of Defense of such substances in the following
items:
(1) Furniture or floor waxes.
(2) Car wax and car window treatments.
(3) Cleaning products.
(4) Shoes and clothing for which treatment with a covered
PFAS substance is not necessary for an essential function.
(d) Briefing and Report.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate an interim briefing on the
study conducted under subsection (a), including any
preliminary observations. After such interim briefing, the
Comptroller General shall submit to the committees a report
on the study at a date mutually agreed upon by the
Comptroller General and the committees.
(e) Covered PFAS Substance Defined.--In this section, the
term ``covered PFAS substance'' means any of the following:
(1) Perfluorononanoic acid (PFNA).
(2) Perfluorooctanoic acid (PFOA).
(3) Perfluorohexanoic acid (PFHxA).
(4) Perfluorooctane sulfonic acid (PFOS).
(5) Perfluorohexane sulfonate (PFHxS).
(6) Perfluorobutane sulfonic acid (PFBS).
(7) GenX.
SEC. 348. REPORT ON SCHEDULE FOR COMPLETION OF REMEDIATION OF
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report detailing a proposed
schedule for the completion of remediation of perfluoroalkyl
substances and polyfluoroalkyl substances, and the associated
cost estimates to perform such remediation, at military
installations, facilities of the National Guard, and formerly
used defense sites in the United States that are identified
as of March 31, 2021, as having a release of perfluoroalkyl
substances or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(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 a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
SEC. 349. REPORT ON REMEDIATION OF PERFLUOROALKYL SUBSTANCES
AND POLYFLUOROALKYL SUBSTANCES AT CERTAIN
MILITARY INSTALLATIONS.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report identifying the status of efforts
to remediate perfluoroalkyl substances and polyfluoroalkyl
substances at the following locations:
(1) England Air Force Base, Louisiana.
(2) Naval Air Weapons Station China Lake, California.
(3) Patrick Air Force Base, Florida.
(4) Myrtle Beach Air Force Base, South Carolina.
(5) Langley Air Force Base, Virginia.
(6) Naval Air Station Jacksonville, Florida.
(7) Niagara Falls Air Reserve Station, New York.
(8) Grand Prairie Armed Forces Reserve Complex, Texas.
(9) Altus Air Force Base, Oklahoma.
(10) Charleston Air Force Base, South Carolina.
(11) Barksdale Air Force Base, Louisiana.
(12) Plattsburgh Air Force Base, New York.
(13) Tyndall Air Force Base, Florida.
(14) Sheppard Air Force Base, Texas.
(15) Columbus Air Force Base, Mississippi.
(16) Chanute Air Force Base, Illinois.
(17) Marine Corps Air Station Tustin, California.
(18) Travis Air Force Base, California.
(19) Ellsworth Air Force Base, South Dakota.
(20) Minot Air Force Base, North Dakota.
(21) Westover Air Reserve Base, Massachusetts.
(22) Eaker Air Force Base, Arkansas.
(23) Naval Air Station Alameda, California.
(24) Eielson Air Force Base, Alaska.
(25) Horsham Air Guard Station, Pennsylvania.
(26) Vance Air Force Base, Oklahoma.
(27) Dover Air Force Base, Delaware.
(28) Edwards Air Force Base, California.
(29) Robins Air Force Base, Georgia.
(30) Joint Base McGuire-Dix-Lakehurst, New Jersey.
(31) Galena Air Force Base, Alaska.
(32) Naval Research Laboratory Chesapeake Bay Detachment,
Maryland.
(33) Buckley Air Force Base, Colorado.
(34) Arnold Air Force Base, Tennessee.
(35) Tinker Air Force Base, Oklahoma.
(36) Fairchild Air Force Base, Washington.
(37) Vandenberg Air Force Base, California.
(38) Hancock Field Air National Guard Base, New York.
(39) F.E. Warren Air Force Base, Wyoming.
(40) Nevada Air National Guard Base, Nevada.
(41) K.I. Sawyer Air Force Base, Michigan.
(42) Pease Air Force Base, New Hampshire.
(43) Whiteman Air Force Base, Missouri.
(44) Wurtsmith Air Force Base, Michigan.
(45) Shepherd Field Air National Guard Base, West Virginia.
(46) Naval Air Station Whidbey Island-Ault Field,
Washington.
(47) Rosecrans Air National Guard Base, Missouri.
(48) Joint Base Andrews, Maryland.
(49) Iowa Air National Guard Base, Iowa.
(50) Stewart Air National Guard Base, New York.
(b) Definitions.--In this section:
(1) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(2) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
Subtitle E--Logistics and Sustainment
SEC. 351. 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
(D) in 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.
[[Page H6967]]
``(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 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 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.
``(E) 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) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(h) Contested Logistics Environment Defined.--In this
section, 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.''.
(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).
(g) Briefing on Assistant Secretary of Defense for Energy,
Installations, and Environment.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on the
status of the following:
(1) The planned division of responsibilities between the
Assistant Secretary of Defense for Sustainment and the
Assistant Secretary of Defense for Energy, Installations, and
Environment.
(2) A personnel plan to ensure the adequate manning of
support personnel for the Assistant Secretary of Defense for
Energy, Installations, and Environment.
(3) Any additional resources necessary to ensure the
ability of the Assistant Secretary of Defense for Energy,
Installations, and Environment to fulfill the duty required
under section 138(b)(7) of title 10, United States Code, and
any other duties required of such Assistant Secretary by law.
SEC. 352. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY.
(a) Responsibility of United States Transportation
Command.--
(1) In general.--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
``(a) Responsible Element.--(1) Beginning during the period
described in paragraph (2) and permanently thereafter, the
United States Transportation Command shall be the element
responsible for bulk fuel management and delivery of the
Department of Defense on a global basis.
``(2) The period described in this paragraph is the period
beginning on January 1, 2023, and ending on February 1, 2023.
``(b) Coordination With Defense Logistics Agency.--In
carrying out the responsibilities specified in subsection
(a), the Commander of the United States Transportation
Command shall coordinate with the Director of the Defense
Logistics Agency.
``(c) Rule of Construction.--Except to the extent that,
prior to January 1, 2023, a responsibility specified in
subsection (a) was a specific function of the Defense
Logistics Agency Energy, nothing under this section shall be
construed as--
``(1) limiting any other function of the Defense Logistics
Agency Energy; or
``(2) requiring the transfer of any function, personnel, or
asset from the Defense Logistics Agency Energy to the United
States Transportation Command.''.
(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.''.
(b) Briefing.--Not later than July 1, 2022, the Commander
of United States Transportation Command shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on progress made to carry out the
transfer of responsibilities to the United States
Transportation Command pursuant to section 2927 of title 10,
United States Code (as added by subsection (a)), including--
(1) a review of the plan of action for such transfer;
(2) a review of milestones completed and yet to be
completed with respect to such transfer; and
(3) an identification of any legislative changes or
additional resources the Commander determines are necessary
to implement such section 2927.
(c) Global Bulk Fuel Management Strategy.--
(1) Strategy required.--Not later than October 1, 2022, the
Commander of United States Transportation Command shall
prepare and submit to the Committees on Armed Services of the
House of Representatives and the Senate 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,
[[Page H6968]]
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.
(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 United States Transportation
Command shall coordinate with subject matter experts of the
Joint Staff, the geographic combatant commands, the Defense
Logistics Agency, and the military departments.
(4) Form.--The strategy under paragraph (1) may be
submitted in classified form, but if so submitted shall
include an unclassified executive summary.
(d) Conforming Amendments.--Section 2854 of the Military
Construction Authorization Act for Fiscal Year 2021 (division
B of 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. 353. TEST AND EVALUATION OF POTENTIAL BIOBASED SOLUTION
FOR CORROSION CONTROL AND MITIGATION.
(a) Test and Evaluation.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
Strategic Environmental Research and Development Program and
the Environmental Security Technology Certification Program
shall test and evaluate at least one existing covered
biobased solution for use as an alternative to current
solutions of the Department of Defense for the control and
mitigation of corrosion.
(b) Determination.--Following the test and evaluation of a
covered biobased solution under subsection (a), the Director
shall determine, based on such test and evaluation, whether
the solution meets the following requirements:
(1) The solution is capable of being produced domestically
in sufficient quantities.
(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.
(c) Recommendations.--The Director shall develop
recommendations for the Department of Defense-wide deployment
of covered biobased solutions that the Director has
determined meet the requirements under subsection (b).
(d) 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. 354. 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 Assistant
Secretary of Defense for Sustainment, in coordination with
the Secretaries of the military departments, shall undertake
a pilot program under which the digitization of the
facilities and operations of at least one covered depot shall
be provided for by the Secretary concerned.
(b) Elements of Pilot Program.--In carrying out the pilot
program under this section, the Secretary concerned shall
provide for each of the following at the covered depot or
depots at which the program is carried out:
(1) The creation 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.
(c) Report.--Not later than 60 days after the completion of
the digital twin model and associated analysis, the Assistant
Secretary of Defense for Sustainment 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 summary of the cost of the pilot program;
(2) a description of the efficiencies identified under the
pilot program;
(3) a description of the infrastructure, workforce, and
capital equipment investments necessary to achieve such
efficiencies;
(4) any plans to undertake such investments; and
(5) the assessment of the Assistant Secretary of the value
of the pilot program and the potential applicability of the
findings of the pilot program to other covered depots.
(d) Definitions.--In this section:
(1) The term ``covered depot'' includes any depot covered
under section 2476(e) of title 10, United States Code, except
for the following:
(A) Portsmouth Naval Shipyard, Maine.
(B) Pearl Harbor Naval Shipyard, Hawaii.
(C) Puget Sound Naval Shipyard, Washington.
(D) Norfolk Naval Shipyard, Virginia.
(2) The terms ``military departments'' and ``Secretary
concerned'' have the meanings given such terms in section 101
of title 10, United States Code.
SEC. 355. IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD
INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE
NAVY.
(a) Updated Plan.--
(1) In general.--Not later than September 30, 2022, the
Secretary of the Navy shall submit to the congressional
defense committees an update to the plan of the Secretary for
implementation of the Shipyard Infrastructure Optimization
Program of the Department of the Navy, with the objective of
providing increased transparency for the actual costs and
schedules associated with infrastructure optimization
activities for shipyards covered by such program.
(2) Updated cost estimates.--The updated plan required
under paragraph (1) shall include updated cost estimates
comprising the most recent costs of capital improvement
projects for each of the four public shipyards covered by the
Shipyard Infrastructure Optimization Program.
(b) Briefing Requirement.--
(1) In general.--Before the start of physical construction
with respect to a covered project, the Secretary of the Navy
or a designee of the Secretary shall brief each of the
congressional defense committees on such project, regardless
of the source of funding for such project.
(2) Written information.--Before conducting a briefing
under paragraph (1) with respect to a covered project, the
Secretary of the Navy or a designee of the Secretary shall
submit to the congressional defense committees in writing the
following information:
(A) An updated cost estimate for such project that--
(i) meets the standards of the Association for the
Advancement of Cost Engineering for a Level 1 or Level 2 cost
estimate; or
(ii) is an independent cost estimate.
(B) A schedule for such project that is comprehensive,
well-constructed, credible, and controlled pursuant to the
Schedule Assessment Guide: Best Practices for Project
Schedules (GAO-16-89G) set forth by the Comptroller General
of the United States in December 2015, or successor guide.
(C) An estimate of the likelihood that programmed and
planned funds for such project will be sufficient for the
completion of the project.
(3) Covered project defined.--In this subsection, the term
``covered project'' means a shipyard project under the
Shipyard Infrastructure Optimization Program--
(A) with a contract awarded on or after October 1, 2024;
and
(B) valued at $250,000,000 or more.
(c) Annual Report.--
(1) In general.--Not later than December 31, 2022, and not
later than December 31 of each year thereafter, the Commander
of the Naval Sea Systems Command, in coordination with the
Program Manager Ships 555, shall submit to the congressional
defense committees a report detailing the use by the
Department of the Navy of funding for all efforts associated
with the Shipyard Infrastructure Optimization Program,
including the use of amounts made available by law to support
the projects identified in the plan to implement such
program, including any update to such plan under subsection
(a).
(2) Elements.--Each report required by paragraph (1) shall
include updated cost and schedule estimates--
(A) for the plan to implement the Shipyard Optimization
Program, including any update to such plan under subsection
(a); and
(B) for each dry dock, major facility, and infrastructure
project valued at $250,000,000 or more under such program.
(d) Comptroller General Report.--
(1) Report.--
(A) In general.--Not later than May 1, 2023, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the progress of the Secretary of
the Navy in implementing the Shipyard Infrastructure
Optimization Program, including--
(i) the progress of the Secretary in completing the first
annual report required under such program; and
(ii) the cost and schedule estimates for full
implementation of such program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) An assessment of the extent to which the cost estimate
for the updated optimization plan for the Shipyard
Infrastructure Optimization Program is consistent with
leading practices for cost estimation.
(ii) An assessment of the extent to which the project
schedule for such program is comprehensive, well-constructed,
credible, and controlled.
(iii) An assessment of whether programmed and planned funds
for a project under such program will be sufficient for the
completion of the project.
(iv) Such other related matters as the Comptroller General
considers appropriate.
(2) Initial briefing.--Not later than April 1, 2023, the
Comptroller General shall brief the Committees on Armed
Services of the Senate and the House of Representatives on
the preliminary findings of the report under paragraph (1).
SEC. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING
SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT
PROGRAMS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary
[[Page H6969]]
of Defense shall submit to the congressional defense
committees a report on individual aircraft fleet sustainment
costs for the F-35 A/B/C, F/A-18 C/D/E/F/G, AV-8B, A-10C, F-
16 C/D, F-22, and F-15 C/E/EX aircraft fleets. Such report
shall include the following:
(1) A detailed description and explanation of, and the
actual cost data related to, current sustainment costs for
the aircraft fleets specified in this subsection, 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 for a prime contractor and any
first-tier subcontractor) with respect to such sustainment
costs.
(2) An identification of sustainment cost metrics for each
aircraft fleet specified in this subsection for each of
fiscal years 2022 through 2026, expressed in cost-per-tail-
per-year format.
(b) Limitation on Certain F-35 Contracts.--
(1) In general.--The Secretary of Defense may not enter
into a performance-based logistics sustainment contract for
the F-35 airframe or engine programs, or modify an existing
contract for the F-35 airframe or engine programs to require
the use of a performance-based logistics sustainment
contract, unless the Secretary submits to the congressional
defense committees a certification that the Secretary has
determined such a performance-based logistics contract will--
(A) reduce sustainment or operating costs for the F-35
airframe or engine programs; or
(B) increase readiness rates, full and partial mission
capability rates, or airframe and engine availability rates
of the F-35 weapon system.
(2) Certification.--Any certification submitted pursuant to
paragraph (1) shall include a cost-benefit analysis comparing
an existing contract for the F-35 airframe or engine programs
with a performance-based logistics sustainment contract for
the F-35 airframe or engine programs.
(3) Applicability.--The limitation under paragraph (1)
shall not apply with respect to the termination,
modification, exercise of a contract option for, or other
action relating to, a contract for the F-35 program entered
into prior to the date of the enactment of this Act unless
such termination, modification, exercise, or other action
would require the use of a performance-based logistics
sustainment contract as specified in paragraph (1).
(c) Cost-per-tail-per-year Calculation.--For purposes of
this section, the average cost-per-tail of a variant of an
aircraft of an Armed Force shall be determined by--
(1) adding the total amount expended for a fiscal year (in
base year fiscal 2012 dollars) for all such aircraft in the
inventory of an Armed Force for--
(A) unit level manpower;
(B) unit operations;
(C) maintenance;
(D) sustaining support;
(E) continuing system support; and
(F) modifications; and
(2) dividing the sum resulting under paragraph (1) by the
average number of such aircraft in the inventory of an Armed
Force during such fiscal year.
SEC. 357. 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 Committees on Armed Services of the
House of Representatives and the Senate 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 Committees on Armed Services of the House of
Representatives and the Senate and the Comptroller General,
the Comptroller General shall submit to such committees a
report on the matters covered by the briefing.
Subtitle F--Reports
SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED
MILITARY MANPOWER IN READINESS REPORTS.
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) Information regarding the extent to which any member
of the armed forces is assigned or detailed outside the
member's unit or away from training in order to perform any
function that had previously been performed by civilian
employees of the Federal Government.''.
SEC. 362. 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; and
``(B) an unclassified form that is releasable to the public
without further redaction.''; and
(3) by striking paragraph (3).
SEC. 363. INCIDENT REPORTING REQUIREMENTS FOR DEPARTMENT OF
DEFENSE REGARDING LOST OR STOLEN WEAPONS.
(a) In General.--For each of fiscal years 2022, 2023, and
2024, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on security, control, thefts,
losses, and recoveries of sensitive conventional arms,
ammunition, and explosives (commonly referred to as ``AA&E'')
of the Department of Defense during such year, including the
following:
(1) M-16 or M4s.
(2) Light automatic weapons up to and including M249, M2,
and 40mm MK19 machine guns.
(3) Functional launch tube with umbilical squib installed
and grip stock for the Stinger missile.
(4) Launch tube, sight assembly, and grip stock for
missiles.
(5) Tracker for the Dragon missile.
(6) Mortar tubes up to and including 81mm.
(7) Grenade launchers.
(8) Rocket and missile launchers with an unpacked weight of
100 pounds or less.
(9) Flame throwers.
(10) The launcher, missile guidance se, or the optical
sight for the TOW and the Javelin Command Launch Unit.
(11) Single shot and semi-automatic (non-automatic)
shoulder-fired weapons such as shotguns and bolt action
rifles and weapons barrels.
(12) Handguns.
(13) Recoil-less rifles up to and including 106mm.
(14) Man-portable missiles and rockets in a ready-to-fire
configuration or when jointly stored or transported with the
launcher tube or grip-stock and the explosive round.
(15) Stinger missiles.
(16) Dragon, Javelin, light antitank weapon (66mm),
shoulder-launched multi-purpose assault weapon rocket (83mm),
M136 (AT4) anti-armor launcher and cartridge (84mm).
(17) Missiles and rockets that are crew-served or require
platform-mounted launchers and other equipment to function,
including HYDRA-70 rockets and tube-launched optically wire
guided (TOW) missiles.
(18) Missiles and rockets that require platform-mounted
launchers and complex hardware equipment to function
including the HELLFIRE missile.
(19) Explosive rounds of any missile or rocket listed in
paragraphs (1) through (18).
(20) Hand or rifle grenades (high-explosive and white
phosphorous).
(21) Antitank or antipersonnel mines.
(22) Explosives used in demolition operations, C-4,
military dynamite, and trinitrotoluene (TNT).
(23) Warheads for sensitive missiles and rockets weighing
less than 50 pounds each.
(24) Ammunition that is .50 caliber or larger with
explosive-filled projectile.
(25) Incendiary grenades and fuses for high-explosive
grenades.
(26) Blasting caps.
(27) Supplementary charges.
(28) Bulk explosives.
(29) Detonating cord.
(30) Riot control agents.
(b) Immediate Reporting of Confirmed Thefts, Losses, and
Recoveries.--Not later than 72 hours after a confirmed theft,
loss, or recovery of a sensitive conventional arm,
ammunition, or explosive covered by the report required by
subsection (a), the Secretary shall report such theft, loss,
or recovery to the National Crime Information Center and
local law enforcement.
SEC. 364. STRATEGY AND ANNUAL REPORT ON CRITICAL LANGUAGE
PROFICIENCY OF SPECIAL OPERATIONS FORCES.
(a) 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, in
coordination with the Secretaries of the military
departments, shall submit to the congressional defense
committees a strategy to improve the language proficiency of
the special operations forces of the Armed Forces, including
by identifying individuals who have proficiency in a critical
language and recruiting and retaining such individuals in the
special operations 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.
[[Page H6970]]
(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 nongovernmental programs
used.
(E) An annual plan to enhance and maintain foreign language
proficiency within the special operations forces of each
Armed Force.
(F) An annual plan 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) Reports Required.--Not later than December 31, 2022,
and annually thereafter until December 31, 2025, the
Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict, in coordination with the Secretaries
of the military departments, shall submit to the
congressional defense committees a report on the strategy
required under subsection (a), including progress in
achieving the objectives of the strategy with respect to the
recruitment, training, and retention of members of the
special operations forces who have proficiency in a critical
language.
(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 terms ``military departments'' and ``Secretary
concerned'' have the meanings given such terms in section 101
of title 10, United States Code.
(3) The term ``proficiency'' means proficiency in a
language, as assessed by the Defense Language Proficiency
Test.
(4) The term ``special operations forces'' means forces
described under section 167(j) of title 10, United States
Code.
Subtitle G--Other Matters
SEC. 371. MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE MATTERS.
(a) Strategy to Test and Integrate Wind Turbine
Interference Mitigation Strategies.--The Secretary of Defense
and the Secretary of the Air Force, in coordination with the
Commander of United States Northern Command and the Commander
of North American Aerospace Defense Command, shall develop a
strategy to test and integrate wind turbine interference
mitigation technologies into radars and the air surveillance
command and control architecture of the Department of
Defense.
(b) Modification of Clearinghouse Requirements.--Section
183a(c) of title 10, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) A notice of presumed risk issued under subparagraph
(A) is a preliminary assessment only and does not represent a
formal objection pursuant to subsection (e). Discussions of
possible mitigation actions under such subparagraph could
favorably resolve any concerns identified in the notice of
presumed risk.''; and
(2) by adding at the end the following new paragraph:
``(8) If, in reviewing an application for an energy project
pursuant to paragraph (1), the Clearinghouse finds no adverse
impact on military operations under section 44718(b)(1) of
title 49, the Clearinghouse shall communicate to the
Secretary of Transportation in writing, not later than five
business days after making such finding, the following: `No
Part 77 concerns, national security review ongoing.'.''.
SEC. 372. 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) Membership; Appointment; Compensation.--(1) The
Council shall be composed of voting members as follows:
``(A) The Director of Safety for each military department.
``(B) An employee of the Department of Defense who is a
career member of the Senior Executive Service and has a
demonstrated record of success in the implementation of
programs within the Department of Defense (as determined by
the Deputy Secretary of Defense), appointed by the Deputy
Secretary of Defense.
``(C) One member of the armed forces or civilian employee
from each military department, appointed by the Secretary
concerned.
``(D) Such additional members as may be determined by the
Deputy Secretary of Defense.
``(2)(A) Each member of the Council shall serve at the will
of the official who appointed that member.
``(B) Any vacancy on the Council shall be filled in the
same manner as the original appointment.
``(3) Members of the Council may not receive additional
pay, allowances, or benefits by reason of their service on
the Council.
``(c) Chairperson and Vice Chairperson.--(1)(A) The
Secretary of Defense, or the designee of the Secretary, shall
select one of the members of the Council who is a member of
the armed forces to serve as the Chairperson of the Council.
``(B) The Chairperson shall serve for a term of two years
and shall be responsible for--
``(i) serving as the Director of Safety for the Department
of Defense;
``(ii) serving as principal advisor to the Secretary of
Defense regarding military safety and related regulations and
policy reforms, including issues regarding maintenance,
supply chains, personnel management, and training;
``(iii) overseeing all duties and activities of the
Council, including the conduct of military safety studies and
the issuance of safety guidance to the military departments;
``(iv) working with, and advising, the Secretaries of the
military departments through appointed safety chiefs to
implement standardized safety guidance across the military
departments;
``(v) submitting to the Secretary of Defense and Congress
an annual report reviewing the compliance of each military
department with the guidance described in clause (iv);
``(vi) advising Congress on issues relating to military
safety and reforms; and
``(vii) overseeing coordination with other Federal
agencies, including the Federal Aviation Administration, to
inform military aviation safety guidance and reforms.
``(2) The individual appointed under subsection (b)(1)(B)
shall serve as the Vice Chairperson. The Vice Chairperson
shall report to the Chairperson and shall serve as
Chairperson in the absence of the Chairperson.
``(d) Responsibilities.--The Council shall carry out the
following responsibilities:
``(1) Subject to subsection (e), issuing, publishing, and
updating regulations related to joint safety, including
regulations on the reporting and investigation of mishaps.
``(2) With respect to mishap data--
``(A) establishing uniform data collection standards and a
repository, that is accessible Department-wide, of data for
mishaps in the Department of Defense;
``(B) reviewing the compliance of each military department
in adopting and using the uniform data collection standards
established under subparagraph (A); and
``(C) reviewing mishap data to assess, identify, and
prioritize risk mitigation efforts and safety improvement
efforts across the Department.
``(3) With respect to non-mishap data--
``(A) establishing standards and requirements for the
collection of aircraft, equipment, simulator, airfield,
range, pilot, and operator data;
``(B) establishing standards and requirements for the
collection of ground vehicle equipment and crew data; and
``(C) establishing requirements for each military
department to collect and analyze any waivers issued relating
to pilot or operator qualifications or standards.
``(4) Reviewing and assessing civil and commercial aviation
safety programs and practices to determine the suitability of
such programs and practices for implementation in the
military departments.
``(5) Establishing, in consultation with the Administrator
of the Federal Aviation Administration, a requirement for
each military department to implement an aviation safety
management system.
``(6) Establishing, in consultation with the heads of
appropriate Federal departments and agencies, a requirement
for each military department to implement a separate safety
management program for ground vehicles and ships.
``(7) Reviewing the proposal of each military department
for the safety management systems described in paragraphs (9)
and (10).
``(8) Reviewing the implementation of such systems by each
military department.
``(9) Ensuring each military department has in place a
system to monitor the implementation of recommendations made
in safety and legal investigation reports of mishap
incidents.
``(e) Oversight.--The decisions and recommendations of the
Council are subject to review and approval by the Deputy
Secretary of Defense.
``(f) 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.
``(g) 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.
``(h) Procurement of Temporary and Intermittent Services.--
The Chairperson 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.
``(i) 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.
``(3) Data collected by the Council pursuant to this
subsection may include privileged safety information that is
protected from disclosure or discovery to any person.
``(j) Meetings.--The Council shall meet quarterly and at
the call of the Chairperson.
``(k) Report.--The Chair of the Council shall submit to the
congressional defense committees
[[Page H6971]]
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.''.
(c) Deadlines.--
(1) Establishment.--The Secretary of Defense shall ensure
the establishment of the Joint Safety Council under section
184 of title 10, United States Code (as added by subsection
(a)), by not later than the date that is 120 days after the
date of the enactment of this Act.
(2) Appointment of first members.--The initial members of
the Joint Safety Council established under such section 184
shall be appointed by not later than the date that is 120
days after the date of the enactment of this Act.
(3) Directors of safety.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of each
military department shall ensure there is appointed as the
Director of Safety for the military department concerned an
officer of that military department in pay grade O-8 or
above.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that
includes the following:
(1) A description of the measures the Secretary plans to
take to correct the issues identified in the report of the
National Commission on Military Aviation Safety submitted to
the President and Congress and dated December 1, 2020.
(2) A statement as to whether the Secretary concurs or
disagrees with the findings of such report.
(3) A detailed plan of action for the implementation of
each recommendation included in such report.
(4) Any additional recommendations the Secretary determines
are necessary to apply the findings of the National
Commission on Military Aviation Safety in such report to all
aspects of military safety.
(e) Authorization of Appropriations.--Of the amounts
authorized to be appropriated or otherwise made available by
this Act for Military Personnel Appropriations for fiscal
year 2022, $4,000,000 shall be made available for the Joint
Safety Council established under section 184 of title 10,
United States Code, as added by subsection (a).
SEC. 373. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY
WORKING DOGS.
(a) Prohibition on Charge for Transfer of Military
Animals.--Section 2583(d) of title 10, United States Code, is
amended by striking ``may'' and inserting ``shall''.
(b) Inclusion of Military Working Dogs in Certain
Research.--Section 708(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 1071 note) is amended--
(1) 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
(2) 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.''.
SEC. 374. EXTENSION OF TEMPORARY AUTHORITY TO EXTEND
CONTRACTS AND LEASES UNDER THE ARMS INITIATIVE.
Section 343 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 7554 note) is
amended by striking ``the date that is five years after the
date of the enactment of this Act'' and inserting ``November
25, 2025,''.
SEC. 375. AUTHORITY TO MAINTAIN ACCESS TO CATEGORY 3
SUBTERRANEAN TRAINING FACILITY.
(a) In General.--The Secretary of Defense may 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 carrying out 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. 376. ACCIDENT INVESTIGATION REVIEW BOARD.
(a) Proposal for Establishment of Board.--The Deputy
Secretary of Defense shall develop a proposal for the
establishment of an Accident Investigation Review Board (in
this section referred to as the ``Board'') to provide
independent oversight and review of the legal investigations
conducted by the Department of Defense outside of the safety
process into the facts and circumstances surrounding
operational and training accidents. The proposal shall
include recommendations relating to--
(1) the size and composition of the Board;
(2) the process by which the Board would screen accident
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 accidents or all Class A
mishaps);
(3) the process by which the military departments and other
components of the Department of Defense could refer pending
or completed accident investigations to the Board for review;
(4) the process by which the Board would evaluate a
particular accident 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 privileged and
sensitive data and safety 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 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.
(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. 377. 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. 378. REQUIREMENTS RELATING TO EMISSIONS CONTROL TACTICS,
TECHNIQUES, AND 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 tactics, techniques, and procedures across the joint
force.
(b) Requirements.--Not later than 60 days after completing
the review under subsection (a), the Secretary of Defense
shall direct each Secretary of a military department to
update or establish, as applicable, standard tactics,
techniques, and procedures, including down to the operational
level, pertaining to emissions control discipline during all
phases 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 the
House of Representatives a report on the implementation
status of the tactics, techniques, and procedures updated or
established, as applicable, 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. 379. 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
[[Page H6972]]
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 subsection (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 Briefing.--Not later than 90 days
after the date on which the Comptroller General receives the
report under subsection (b), the Comptroller General shall
provide to the congressional defense committees a briefing on
the extent to which the actions and goals described in the
report meet the requirements of subsection (a).
SEC. 380. AUTHORITY FOR ACTIVITIES TO IMPROVE NEXT GENERATION
RADAR SYSTEMS CAPABILITIES.
(a) Authority.--The Secretary of Defense may undertake
activities to enhance future radar systems capabilities,
including the following:
(1) Designating specific industry, academic, government, or
public-private partnership entities to provide expertise in
the repair, sustainment, and support of radar systems to meet
current and future defense requirements, as appropriate.
(2) Facilitating collaboration among academia, the Federal
Government, the defense industry, and the commercial sector,
including with respect to radar system repair and sustainment
activities.
(3) Establishing advanced research and workforce training
and educational programs to enhance future radar systems
capabilities.
(4) Establishing goals for research in areas of study
relevant to advancing technology and facilitating better
understanding of radar systems in defense systems and
operational activities, including continuing education and
training goals.
(5) Increasing communications and personnel exchanges with
radar systems experts in industry to support adoption of
state-of-the-art technologies and operational practices,
especially to support meeting future defense needs related to
radar systems in autonomous systems.
(6) Establishing agreements with one or more institutions
of higher education or other organizations in academia or
industry to provide for activities authorized under this
section.
(7) Partnering with nonprofit institutions and private
industry with expertise in radar systems to support
activities authorized under this section.
(8) Establishing research centers and facilities, including
centers of excellence, as appropriate to support activities
authorized under this section, especially to promote
partnerships between government, industry, and academia.
(b) 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. 381. 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, both in a central location
and at regional field evaluations in the United States, of
domestically-bred explosives detection military working dogs
for assessment for procurement by the Department of Defense,
at a rate of at least 250 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;
(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; and
(5) evaluate current Department guidance for the
procurement of military working dogs to ensure that pricing
structures and procurement requirements for foreign and
domestic canine procurements accurately account for input
cost differences between foreign and domestic canines.
(b) Termination.--The authority to carry out the pilot
program under subsection (a) shall terminate on October 1,
2024.
(c) 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.
SEC. 382. DEPARTMENT OF DEFENSE RESPONSE TO MILITARY LAZING
INCIDENTS.
(a) Investigation Into Lazing of Military Aircraft.--
(1) Investigation required.--The Secretary of Defense shall
conduct a formal investigation into all incidents of lazing
of military aircraft that occurred during fiscal year 2021.
The Secretary shall carry out such investigation in
coordination and collaboration with appropriate non-
Department of Defense entities.
(2) Report to congress.--Not later than March 31, 2022, the
Secretary shall submit to the congressional defense
committees a report on the findings of the investigation
conducted pursuant to paragraph (1).
(b) Information Sharing.--The Secretary shall seek to
increase information sharing between the Department of
Defense and the States with respect to incidents of lazing of
military aircraft, including by entering into memoranda of
understanding with State law enforcement agencies on
information sharing in connection with such incidents to
provide for procedures for closer cooperation with local law
enforcement in responding to such incidents as soon as they
are reported.
(c) Data Collection and Tracking.--The Secretary shall
collect such data as may be necessary to track the
correlation between noise complaints and incidents of
military aircraft lazing.
(d) Operating Procedures.--The Secretary shall give
consideration to adapting local operating procedures in areas
with high incidence of military aircraft lazing incidents to
reduce potential injury to aircrew.
(e) Eye Protection.--The Secretary shall examine the
availability of commercial off-the-shelf laser eye protection
equipment that protects against the most commonly available
green light lasers that are available to the public. If the
Secretary determines that no such laser eye protection
equipment is available, the Secretary shall conduct research
and develop such equipment.
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.
Sec. 403. Additional authority to vary Space Force end strength.
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.
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, 346,920.
(3) The Marine Corps, 178,500.
(4) The Air Force, 329,220.
(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, 346,920.
``(3) For the Marine Corps, 178,500.
``(4) For the Air Force, 329,220.
``(5) For the Space Force, 8,400.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END
STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title
10, United States Code, upon determination by the Secretary
of the Air Force that such action would enhance manning and
readiness in essential units or in critical specialties, the
Secretary may vary the end strength authorized by Congress
for each fiscal year as follows:
(1) Increase the end strength authorized pursuant to
section 115(a)(1)(A) for a fiscal year for the Space Force by
a number equal to not more than 5 percent of such authorized
end strength.
(2) Decrease the end strength authorized pursuant to
section 115(a)(1)(A) for a fiscal year for the Space Force by
a number equal to not more than 10 percent of such authorized
end strength.
(b) Termination.--The authority provided under subsection
(a) shall terminate on December 31, 2022.
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:
[[Page H6973]]
(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, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The minimum authorized 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,
10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians
(dual Status).--The number of temporary military technicians
(dual-status) employed under the authority of subsection (a)
may not exceed 25 percent of the total authorized number
specified in such subsection.
(c) Limitation.--Under no circumstances may a military
technician (dual status) employed under the authority of this
section be coerced by a State into accepting an offer of
realignment or conversion to any other military status,
including as a member of the Active Guard and Reserve program
of a reserve component. If a military technician (dual
status) declines to participate in such realignment or
conversion, no further action will be taken against the
individual or the individual's position.
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-- Officer Personnel Policy
Sec. 501. Authority with respect to authorized strengths for general
and flag officers within the Armed Forces for emerging
requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered
for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare
officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear
and Missile Operations Officer (13N).
Subtitle B--Reserve Component Management
Sec. 511. Modification of grant program supporting science, technology,
engineering, and math education in the Junior Reserve
Officers' Training Corps to include quantum information
sciences.
Sec. 512. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of
unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve
components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Reduction in service commitment required for participation in
career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the military
departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of
fitness for duty.
Sec. 525. Command oversight of military privatized housing as element
of performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in housing
provided by the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military
draft.
Sec. 529A. Report on processes and procedures for appeal of denial of
status or benefits for failure to register for Selective
Service.
Sec. 529B. Study and report on administrative separation boards.
Subtitle D--Military Justice Reform
Part 1--Special Trial Counsel
Sec. 531. Special trial counsel.
Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and
special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.
Part 2--Sexual Harassment; Sentencing Reform
Sec. 539D. Inclusion of sexual harassment as general punitive article.
Sec. 539E. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539F. Briefing and report on resourcing required for
implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the
Independent Review Commission on Sexual Assault in the
Military.
Subtitle E--Other Military Justice and Legal Matters
Sec. 541. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation
by victims of sexual assault or sexual harassment and
related persons.
Sec. 545. Modification of notice to victims of pendency of further
administrative action following a determination not to
refer to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking
pretrial information, and assessing changes in law.
[[Page H6974]]
Sec. 548. Determination and reporting of members missing, absent
unknown, absent without leave, and duty status-
whereabouts unknown.
Sec. 549. Activities to improve family violence prevention and
response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative
organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual
assaults; reporting on racial and ethnic demographics in
the military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of
official restricted and unrestricted reports for eligible
adult sexual assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator
military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response
to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform
Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members
of the Armed Forces.
Sec. 553. 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. 554. Authority of President to appoint successors to members of
Board of Visitors of military academies whose terms have
expired.
Sec. 555. Meetings of the Board of Visitors of a military service
academy: votes required to call; held in person or
remotely.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance
and Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of
cadets and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force
Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed
Forces regarding social reform and unhealthy behaviors.
Sec. 559F. Report on status of Army Tuition Assistance Program Army
IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship
opportunities for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved
communication of best practices to engage military
spouses with career assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations
to connect military families with local entities that
provide services to military families.
Sec. 569. Briefing on process to certify reporting of eligible
federally connected children for purposes of Federal
impact aid programs.
Sec. 569A. Briefing on legal services for families enrolled in the
Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program
of United States Special Operations Command: briefing;
report.
Subtitle H--Diversity and Inclusion
Sec. 571. Reduction of gender-related inequities in costs of uniforms
to members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify
as Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate
and Training Schools, and the Senior Reserve Officers'
Training Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Modified deadline for establishment of special purpose
adjunct to Armed Services Vocational Aptitude Battery
test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service
Medal.
Sec. 584. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection
level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in
Hawaii.
Subtitle A-- Officer Personnel Policy
SEC. 501. AUTHORITY WITH RESPECT TO AUTHORIZED STRENGTHS FOR
GENERAL AND FLAG OFFICERS WITHIN THE ARMED
FORCES FOR EMERGING REQUIREMENTS.
(a) Authority on and Before December 31, 2022.--Section 526
of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Transfer of Authorizations Among the Military
Services.--(1) The Secretary of Defense may increase the
maximum number of brigadier generals or major generals in the
Army, Air Force, Marine Corps, or Space Force, or rear
admirals (lower half) or rear admirals in the Navy, allowed
under subsection (a) and section 525 of this title, and the
President may appoint officers in the equivalent grades equal
to the number increased by the Secretary of Defense, if each
appointment is made in conjunction with an offsetting
reduction under paragraph (2).
``(2) For each increase and appointment made under the
authority of paragraph (1) in the Army, Navy, Air Force,
Marine Corps, or Space Force, the number of appointments that
may be made in the equivalent grade in one of the other armed
forces (other than the Coast Guard) shall be reduced by one.
When such an increase and appointment is made, the Secretary
of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag
officers increased under paragraph (1), combined with the
total number of general officers and flag officers increased
under section 526a(i)(1) of this title, may not exceed 15 at
any one time.
``(4) The Secretary may not increase the maximum number of
general officers or flag officers under paragraph (1) until
the date that is 30 days after the date on which the
Secretary provides, to the Committees on Armed Services of
the Senate and the House of Representatives, written notice
of--
``(A) such increase; and
``(B) each offsetting reduction under paragraph (2),
specifying the armed force and billet so reduced.''.
(b) Authority After December 31, 2022.--Section 526a of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(i) Transfer of Authorizations Among the Military
Services.--(1) The Secretary of Defense may increase the
maximum number of brigadier generals or major generals in the
Army, Air Force, Marine Corps, or Space Force, or rear
admirals (lower half) or rear admirals in the Navy, allowed
under subsection (a) and section 525 of this title and the
President may appoint officers in the equivalent grades equal
to the number increased by the Secretary of Defense if each
appointment is made in conjunction with an offsetting
reduction under paragraph (2).
``(2) For each increase and appointment made under the
authority of paragraph (1) in the Army, Navy, Air Force,
Marine Corps, or Space Force, the number of appointments that
may be made in the equivalent grade in one of the other armed
forces (other than the Coast Guard) shall be reduced by one.
When such an increase and appointment is made, the Secretary
of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag
officers increased under paragraph (1), combined with the
total number of general officers and flag officers increased
under section 526(k)(1) of this title, may not exceed 15 at
any one time.
[[Page H6975]]
``(4) The Secretary may not increase the maximum number of
general officers or flag officers under paragraph (1) until
the date that is 30 days after the date on which the
Secretary provides, to the Committees on Armed Services of
the Senate and the House of Representatives, written notice
of--
``(A) such increase; and
``(B) each offsetting reduction under paragraph (2),
specifying the armed force and billet so reduced.''.
SEC. 502. TIME IN GRADE REQUIREMENTS.
Section 619(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) When the needs of the service require, the Secretary
of the military department concerned may prescribe a shorter
period of service in grade, but not less than two years, for
eligibility for consideration for promotion, in the case of
officers designated for limited duty to whom paragraph (2)
applies.''.
SEC. 503. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS
CONSIDERED FOR PROMOTION TO MAJOR GENERAL.
(a) In General.--Notwithstanding section 616(d) of title
10, United States Code, the number of officers recommended
for promotion by a selection board convened by the Secretary
of the Air Force under section 611(a) of title 10, United
States Code, to consider officers on the Space Force active
duty list for promotion to major general may not exceed the
number equal to 95 percent of the total number of brigadier
generals eligible for consideration by the board.
(b) Termination.--The authority provided under subsection
(a) shall terminate on December 31, 2022.
SEC. 504. 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. 505. 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--
(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.
SEC. 506. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF
A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).
(a) In General.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on
personnel performing the duties of a Nuclear and Missile
Operations Officer (13N)--
(1) not later than 90 days after the date of the enactment
of this Act; and
(2) concurrent with the submission to Congress of the
budget of the President for each of fiscal years 2023 through
2027 pursuant to section 1105(a) of title 31, United States
Code.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) The number of Nuclear and Missile Operations Officers
commissioned, by commissioning source, during the most recent
fiscal year that ended before submission of the report.
(2) A description of the rank structure and number of such
officers by intercontinental ballistic missile operational
group during that fiscal year.
(3) The retention rate of such officers by intercontinental
ballistic missile operational group during that fiscal year
and an assessment of reasons for any loss in retention of
such officers.
(4) A description of the rank structure and number of
officers by intercontinental ballistic missile operational
group performing alert duties by month during that fiscal
year.
(5) A description of the structure of incentive pay for
officers performing 13N duties during that fiscal year.
(6) A personnel manning plan for managing officers
performing alert duties during the period of five fiscal
years after submission of the report.
(7) A description of methods, with metrics, to manage the
transition of Nuclear and Missile Operations Officers, by
intercontinental ballistic missile operational group, to
other career fields in the Air Force.
(8) Such other matters as the Secretary considers
appropriate to inform the congressional defense committees
with respect to the 13N career field during the period of
five to ten fiscal years after submission of the report.
Subtitle B--Reserve Component Management
SEC. 511. MODIFICATION OF GRANT PROGRAM SUPPORTING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATH EDUCATION IN
THE JUNIOR RESERVE OFFICERS' TRAINING CORPS TO
INCLUDE QUANTUM INFORMATION SCIENCES.
Section 2036(g)(2) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (J) through (M) as
subparagraphs (K) through (N), respectively; and
(2) by inserting after subparagraph (I) the following new
subparagraph:
``(J) quantum information sciences;''.
SEC. 512. 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
or title 10) 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) Clerical 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. 513. 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.
SEC. 514. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING
USE OF UNMANNED AIRCRAFT SYSTEMS BY THE
NATIONAL GUARD.
Not later than September 30, 2022, the Secretary of Defense
shall implement recommendations of the Secretary described in
section 519C(a)(2) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 515. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD
PROGRAM.
Until September 30, 2026, the Secretary of Defense shall
continue to support the FireGuard program with personnel of
the California National Guard to aggregate, analyze, and
assess multi-source remote sensing information for
interagency partnerships in the initial detection and
monitoring of wildfires.
SEC. 516. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE
PROGRAM.
(a) Authority.--During fiscal year 2022, the Secretary of
Defense may provide assistance to
[[Page H6976]]
a National Guard Youth Challenge Program of a State--
(1) in addition to assistance under subsection (d) of
section 509 of title 32, United States Code;
(2) that is not subject to the matching requirement under
such subsection; and
(3) for--
(A) new program start-up costs; or
(B) a workforce development program.
(b) Limitations.--
(1) Matching.--The Secretary may not provide additional
assistance under this section to a State that does not comply
with the fund matching requirement under such subsection
regarding assistance under such subsection.
(2) Total assistance.--Total assistance under this section
to all States may not exceed $5,000,000 of the funds
appropriated for the National Guard Youth Challenge Program
for fiscal year 2022.
(c) Reporting.--Any assistance provided under this section
shall be included in the annual report under subsection (k)
of section 509 of such title.
SEC. 517. REPORT ON METHODS TO ENHANCE SUPPORT FROM THE
RESERVE COMPONENTS IN RESPONSE TO CATASTROPHIC
INCIDENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation and coordination with the Federal Emergency
Management Agency, the National Security Council, the Council
of Governors, and the National Governors Association, shall
submit to the appropriate congressional committees a report
that includes--
(1) a detailed examination of the policy framework for the
reserve components, consistent with existing authorities, to
provide support to other Federal agencies in response to
catastrophic incidents;
(2) identify major statutory or policy impediments to such
support; and
(3) recommendations for legislation as appropriate.
(b) Contents.--The report submitted under this section
shall include a description of--
(1) the assessment of the Secretary, informed by
consultation with the Federal Emergency Management Agency,
the National Security Council, the Council of Governors, and
the National Governors Association, regarding--
(A) the sufficiency of current authorities for the
reimbursement of reserve component personnel during
catastrophic incidents under title 10 and title 32, United
States Code; and
(B) specifically whether reimbursement authorities are
sufficient to ensure that military training and readiness are
not degraded to fund disaster response, or use of such
authorities degrades the effectiveness of the Disaster Relief
Fund;
(2) the plan of the Secretary to ensure there is parallel
and consistent policy in the application of the authorities
granted under section 12304a of title 10, United States Code,
and section 502(f) of title 32, United States Code,
including--
(A) a description of the disparities between benefits and
protections under Federal law versus State active duty;
(B) recommended solutions to achieve parity at the Federal
level; and
(C) recommended changes at the State level, if appropriate;
(3) the plan of the Secretary to ensure there is parity of
benefits and protections for members of the Armed Forces
employed as part of the response to catastrophic incidents
under title 32 or title 10, United States Code, and
recommendations for addressing shortfalls; and
(4) a review, by the Federal Emergency Management Agency,
of the current policy for, and an assessment of the
sufficiency of, reimbursement authority for the use of the
reserve components, both to the Department of Defense and to
the States, during catastrophic incidents, including any
policy and legal limitations, and cost assessment impact on
Federal funding.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees;
(B) The Committee on Homeland Security of the House of
Representatives.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(D) The Committee on Transportation and Infrastructure of
the House of Representatives.
(E) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``catastrophic incident'' has the meaning
given that term in section 501 of the Homeland Security Act
of 2002 (Public Law 107-296; 6 U.S.C. 311).
SEC. 518. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE
STRUCTURE BASED ON DOMESTIC RESPONSES.
(a) Study.--The Secretary of Defense shall conduct a study
to determine whether to reapportion the current force
structure of the National Guard based on wartime and domestic
response requirements. The study shall include the following
elements:
(1) An assessment of 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 of 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) A 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;
(B) allocating mission sets to other geographic regions;
(C) the ability to track and respond to domestic migration
trends in order to establish a baseline for force structure
requirements;
(D) the availability of training ranges for Federal
missions;
(E) the availability of transportation and other support
infrastructure; and
(F) the cost of operation in each State.
(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. 519. BRIEFING ON JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
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 briefing on the status of the Junior
Reserve Officers' Training Corps programs of each Armed
Force. The briefing shall include--
(1) an assessment of the current usage of the program,
including the number of individuals enrolled in the program,
the demographic information 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;
(5) a comparison of the potential benefits and drawbacks of
expanding the program; and
(6) a description of program-wide diversity and inclusion
recruitment and retention efforts.
Subtitle C--General Service Authorities and Military Records
SEC. 521. 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. 522. 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, the Secretary of Defense shall
take the following steps regarding military accessions in
each Armed Force under the jurisdiction of the Secretary of a
military department:
(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) Determine how to improve the waiver process for
individuals who do not meet medical standards for accession.
(6) Determine, by reviewing data from calendar years 2017
through 2021, whether military accessions (including such
accessions pursuant to waivers) vary, by geographic region.
(7) Determine, by reviewing data from calendar years 2017
through 2021, whether access to military health records has
suppressed the number of such military accessions, authorized
Secretaries of the military departments, by--
(A) children of members of such Armed Forces;
(B) retired members of such Armed Forces; or
(C) recently separated members of such Armed Forces.
(8) Implement improvements determined under paragraphs (1)
through (7).
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary shall brief the
Committees on Armed Services of the Senate and House of
Representatives on the results of carrying out this section
and recommendations regarding legislation the Secretary
determines necessary to improve such military accessions.
SEC. 523. NOTICE PROGRAM RELATING TO OPTIONS FOR
NATURALIZATION.
(a) Upon Enlistment.--The Secretary of each military
department shall prescribe regulations that ensure that a
military recruit, who is not a citizen of the United States,
receives proper notice of options for naturalization under
title III of the Immigration and Nationality Act (8 U.S.C.
1401 et seq.) Such notice shall inform the recruit of
existing programs or services that may aid in the
naturalization process of such recruit.
(b) Upon Separation.--The Secretary of Homeland Security,
acting through the Director of U.S. Citizenship and
Immigration Services, and in coordination with the Secretary
of Defense, shall provide to a member of the Armed Forces who
is not a citizen of the United States, upon separation of
such member, notice of options for naturalization under title
III of the Immigration and Nationality Act (8 U.S.C. 1401 et
[[Page H6977]]
seq.) Such notice shall inform the member of existing
programs or services that may aid in the naturalization
process of such member.
SEC. 524. APPEALS TO PHYSICAL EVALUATION BOARD DETERMINATIONS
OF FITNESS FOR DUTY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall incorporate a formal
appeals process (including timelines established by the
Secretary of Defense) into the policies and procedures
applicable to the implementation of the Integrated Disability
Evaluation System of the Department of Defense. The appeals
process shall include the following:
(1) The Secretary concerned shall ensure that a member of
the Armed Forces may submit a formal appeal made with respect
to determinations of fitness for duty to a Physical
Evaluation Board of such Secretary.
(2) The appeals process shall include, at the request of
such member, an impartial hearing on a fitness for duty
determination to be conducted by the Secretary concerned.
(3) Such member shall have the option to be represented at
a hearing by legal counsel.
SEC. 525. 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 provides for an assessment of
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. 526. 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. 527. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES.
(a) Inclusion of Processes of Selective Service System.--
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 five years thereafter, as part of the
major mobilization exercise under subsection (a), include the
processes of the Selective Service System in preparation for
induction of personnel into the armed forces under the
Military Selective Service Act (50 U.S.C. 3801 et seq.), and
submit to Congress a report on the results of this exercise
and evaluation. 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.''.
(b) Briefing; Report.--
(1) Briefing.--Not later than 180 days after the date on
which the Secretary of Defense conducts the first
mobilization exercise under section 10208 of title 10, United
States Code, after the date of the enactment of this Act, the
Secretary shall provide to the Committees of Armed Services
of the Senate and House of Representatives a briefing on--
(A) the status of the review and assessments conducted
pursuant to subsection (c) of such section, as added by
subsection (a); and
(B) any interim recommendations of the Secretary.
(2) Report.--Not later than two years after the date on
which the Secretary conducts the first mobilization exercise
as described in paragraph (1), the Secretary shall submit to
the Committees of Armed Services of the Senate and House of
Representatives a report that contains the following:
(A) A review of national mobilization strategic and
operational concepts.
(B) A simulation of a mobilization of all Armed Forces and
reserve units, with plans and processes for incorporating
Selective Service System inductees.
(C) An assessment of the Selective Service system in the
current organizational form.
(D) An assessment of the Selective Service System as a
peace-time registration system.
(E) Recommendations with respect to the challenges,
opportunities, cost, and timelines regarding the assessments
described in subparagraphs (C) and (D).
SEC. 528. TEMPORARY EXEMPTION FROM END STRENGTH GRADE
RESTRICTIONS FOR THE SPACE FORCE.
(a) Exemption.--Sections 517 and 523 of title 10, United
States Code, shall not apply to the Space Force until January
1, 2023.
(b) Submittal.--Not later than April 1, 2022, the Secretary
of the Air Force shall establish and submit to the Committees
on Armed Services for the Senate and House of Representatives
for inclusion in the National Defense Authorization Act for
fiscal year 2023, the number of officers who--
(1) may be serving on active duty in each of the grades of
major, lieutenant colonel, and colonel; and
(2) may not, as of the end of such fiscal year, exceed a
number determined in accordance with section 523(a)(1) of
such title.
SEC. 529. REPORT ON EXEMPTIONS AND DEFERMENTS FOR A POSSIBLE
MILITARY DRAFT.
Not later than 120 days after the date of the enactment of
this Act, the Director of the Selective Service System, in
consultation with the Secretary of Defense and the Secretary
of Homeland Security, shall submit to Congress a report
providing a review of exemptions and deferments from
registration, training, and service under the Military
Selective Service Act (50 U.S.C. 3801 et seq.).
SEC. 529A. REPORT ON PROCESSES AND PROCEDURES FOR APPEAL OF
DENIAL OF STATUS OR BENEFITS FOR FAILURE TO
REGISTER FOR SELECTIVE SERVICE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Selective Service System shall submit to the appropriate
committees of Congress a report setting forth the results of
a review of the processes and procedures employed by agencies
across the Federal Government for the appeal by individuals
of a denial of status or benefits under Federal law for
failure to register for selective service under the Military
Selective Service Act (50 U.S.C. 3801 et seq.).
(b) Consultation.--The Director of the Selective Service
System shall carry out this section in consultation with the
Secretary of Homeland Security, the Secretary of Education,
the Director of the Office of Personnel Management, and the
heads of other appropriate Federal agencies.
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of the various appeals
processes and procedures described in subsection (a),
including--
(A) a description of such processes and procedures; and
(B) an assessment of--
(i) the adequacy of notice provided for appeals under such
processes and procedures;
(ii) the fairness of each such process and procedure;
(iii) the ease of use of each such process and procedure;
(iv) consistency in the application of such processes and
procedures across the Federal Government; and
(v) the applicability of an appeal granted by one Federal
agency under such processes and procedures to the actions and
decisions of another Federal agency on a similar appeal.
(2) Information on the number of waivers requested, and the
number of waivers granted, during the 15-year period ending
on the date of the enactment of this Act in connection with
denial of status or benefits for failure to register for
selective service.
(3) An analysis and assessment of the recommendations of
the National Commission on Military, National, and Public
Service for reforming the rules and policies concerning
failure to register for selective service.
[[Page H6978]]
(4) Such recommendations for legislative or administrative
action as the Director of the Selective Service System, and
the consulting officers pursuant to subsection (b), consider
appropriate in light of the review conducted pursuant to
subsection (a).
(5) Such other matters in connection with the review
conducted pursuant to subsection (a) as the Director
considers appropriate.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committee of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
SEC. 529B. STUDY AND REPORT ON ADMINISTRATIVE SEPARATION
BOARDS.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the use of administrative
separation boards within the Armed Forces.
(b) Elements.--The study under subsection (a) shall
evaluate--
(1) the process each Armed Force uses to convene
administrative separation boards, including the process used
to select the board president, the recorder, the legal
advisor, and board members; and
(2) the effectiveness of the operations of such boards.
(c) 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 Senate and the
House of Representatives a report on the results of the study
conducted under subsection (a).
Subtitle D--Military Justice Reform
PART 1--SPECIAL TRIAL COUNSEL
SEC. 531. SPECIAL TRIAL COUNSEL.
(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 trial counsel
``(a) Detail of Special Trial Counsel.--Each Secretary
concerned shall promulgate regulations for the detail of
commissioned officers to serve as special trial counsel.
``(b) Qualifications.--A special trial counsel shall be a
commissioned officer who--
``(1)(A) is a member of the bar of a Federal court or a
member of the bar of the highest court of a State; and
``(B) is certified to be qualified, by reason of education,
training, experience, and temperament, for duty as a special
trial counsel by--
``(i) the Judge Advocate General of the armed force of
which the officer is a member; or
``(ii) in the case of the Marine Corps, the Staff Judge
Advocate to the Commandant of the Marine Corps; and
``(2) in the case of a lead special trial counsel appointed
pursuant to section 1044f(a)(2) of this title, is in a grade
no lower than O-7.
``(c) Duties and Authorities.--
``(1) In general.--Special trial counsel shall carry out
the duties described in this chapter and any other duties
prescribed by the Secretary concerned, by regulation.
``(2) Determination of covered offense; related charges.--
``(A) Authority.--A special trial counsel shall have
exclusive authority to determine if a reported offense is a
covered offense and shall exercise authority over any such
offense in accordance with this chapter. Any determination to
prefer or refer charges shall not act to disqualify the
special trial counsel as an accuser.
``(B) Known and related offenses.--If a special trial
counsel determines that a reported offense is a covered
offense, the special trial counsel may also exercise
authority over any offense that the special trial counsel
determines to be related to the covered offense and any other
offense alleged to have been committed by a person alleged to
have committed the covered offense.
``(3) Dismissal; referral; plea bargains.--Subject to
paragraph (4), with respect to charges and specifications
alleging any offense over which a special trial counsel
exercises authority, a special trial counsel shall have
exclusive authority to, in accordance with this chapter--
``(A) on behalf of the Government, withdraw or dismiss the
charges and specifications or make a motion to withdraw or
dismiss the charges and specifications;
``(B) refer the charges and specifications for trial by a
special or general court-martial;
``(C) enter into a plea agreement; and
``(D) determine if an ordered rehearing is impracticable.
``(4) Binding determination.--The determination of a
special trial counsel to refer charges and specifications to
a court-martial for trial shall be binding on any applicable
convening authority for the referral of such charges and
specifications.
``(5) Deferral to commander or convening authority.--If a
special trial counsel 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 trial
counsel, elects not to refer such charges and specifications,
a commander or convening authority may exercise any of the
authorities of such commander or convening authority under
this chapter with respect to such offense, except that such
commander or convening authority may not refer charges and
specifications for a covered offense for trial by special or
general court-martial.''.
(b) Table of Sections 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 trial counsel.''.
(c) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth the plan
of the Secretary for detailing officers to serve as special
trial counsel pursuant to section 824a of title 10, United
States Code (article 24a of the Uniform Code of Military
Justice) (as added by subsection (a) of this section).
(2) Elements.--Each report under paragraph (1) shall
include the following--
(A) The plan of the Secretary concerned--
(i) for staffing billets for--
(I) special trial counsel who meet the requirements set
forth in section 824a of title 10, United States Code
(article 24a of the Uniform Code of Military Justice) (as
added by subsection (a) of this section); and
(II) defense counsel for cases involving covered offenses;
and
(ii) for supporting and ensuring the continuing
professional development of military justice practitioners.
(B) An estimate of the resources needed to implement such
section 824a (article 24a).
(C) An explanation of other staffing required to implement
such section 824a (article 24a), including staffing levels
required for military judges, military magistrates, military
defense attorneys, and paralegals and other support staff.
(D) A description of how the use of special trial counsel
will affect the military justice system as a whole.
(E) A description of how the Secretary concerned plans to
place appropriate emphasis and value on litigation experience
for judge advocates in order to ensure judge advocates are
experienced, prepared, and qualified to handle covered
offenses, both as special trial counsel and as defense
counsel. Such a description shall address promotion
considerations and explain how the Secretary concerned plans
to instruct promotion boards to value litigation experience.
(F) Any additional resources, authorities, or information
that each Secretary concerned deems relevant or important to
the implementation of the requirements of this title.
(3) Definitions.--In this subsection--
(A) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
(B) The term ``covered offense'' has the meaning given that
term in section 801(17) of title 10, United States Code (as
added by section 533 of this part).
SEC. 532. POLICIES WITH RESPECT TO SPECIAL TRIAL COUNSEL.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044e the
following new section:
``Sec. 1044f. Policies with respect to special trial counsel
``(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 relating to the activities of
special trial counsel, including expected milestones for such
Secretaries to fully implement such mechanisms and
procedures. The policies shall--
``(1) provide for the establishment of a dedicated office
within each military service from which office the activities
of the special trial counsel of the military service
concerned shall be supervised and overseen;
``(2) provide for the appointment of one lead special trial
counsel, who shall--
``(A) be a judge advocate of that service in a grade no
lower than O-7, with significant experience in military
justice;
``(B) be responsible for the overall supervision and
oversight of the activities of the special trial counsel of
that service; and
``(C) report directly to the Secretary concerned, without
intervening authority;
``(3) ensure that within each office created pursuant to
paragraph (1), the special trial counsel and other personnel
assigned or detailed to the office--
``(A) are independent of the military chains of command of
both the victims and those accused of covered offenses and
any other offenses over which a special trial counsel at any
time exercises authority in accordance with section 824a of
this title (article 24a); and
``(B) conduct assigned activities free from unlawful or
unauthorized influence or coercion;
``(4) provide that special trial counsel shall be well-
trained, experienced, highly skilled, and competent in
handling cases involving covered offenses; and
``(5) provide that commanders of the victim and the accused
in a case involving a covered offense shall have the
opportunity to provide input to the special trial counsel
regarding case disposition, but that the input is not binding
on the special trial counsel.
``(b) Uniformity.--The Secretary of Defense shall ensure
that any lack of uniformity in the implementation of
policies, mechanisms, and procedures established under
subsection (a) does not render unconstitutional any such
policy, mechanism, or procedure.
``(c) Military Service Defined.--In this section, the term
`military service' means the Army, Navy, Air Force, Marine
Corps, and Space Force.''.
(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. Policies with respect to special trial counsel.''.
[[Page H6979]]
(c) Quarterly Briefing.--Beginning not later than 180 days
after the date of the enactment of this Act, and at the
beginning of each fiscal quarter thereafter until the
policies established pursuant to section 1044f(a) of title
10, United States Code (as added by subsection (a)) and the
mechanisms and procedures to which they apply are fully
implemented and operational, the Secretary of Defense and the
Secretaries of the military departments shall jointly provide
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
briefing detailing the actions taken and progress made by the
Office of the Secretary of Defense and each of the military
departments in meeting the milestones established as required
by such section.
SEC. 533. DEFINITION OF MILITARY MAGISTRATE, COVERED OFFENSE,
AND SPECIAL TRIAL COUNSEL.
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).'';
and
(2) by adding at the end the following new paragraphs:
``(17) The term `covered offense' means--
``(A) an offense under section 917a (article 117a), section
918 (article 118), section 919 (article 119), section 920
(article 120), section 920b (article 120b), section 920c
(article 120c), section 925 (article 125), section 928b
(article 128b), section 930 (article 130), section 932
(article 132), or the standalone offense of child pornography
punishable under section 934 (article 134) of this title;
``(B) a conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of this
title (article 81);
``(C) a solicitation to commit an offense specified in
subparagraph (A) as punishable under section 882 of this
title (article 82); or
``(D) an attempt to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section 880
of this title (article 80).
``(18) The term `special trial counsel' means a judge
advocate detailed as a special trial counsel in accordance
with section 824a of this title (article 24a) and includes a
judge advocate appointed as a lead special trial counsel
pursuant to section 1044f(a)(2) of this title.''.
SEC. 534. 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 trial counsel 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 trial counsel in
accordance with this chapter.''.
SEC. 535. 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 trial
counsel--
``(1) a special trial counsel shall be detailed as trial
counsel; and
``(2) a special trial counsel may detail other trial
counsel as necessary who are judge advocates.''.
SEC. 536. 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 through the period at the end and
inserting ``hearing officer detailed in accordance with
subparagraph (C).'';
(2) in subparagraph (B), by striking ``written waiver'' and
all that follows through the period at the end 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 trial counsel is exercising authority in
accordance with section 824a of this title (article 24a), the
special trial counsel and the special trial counsel
determines that a hearing is not required.''; 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 trial counsel is exercising authority
over the charges and specifications subject to a preliminary
hearing under this section (article), the special trial
counsel shall request a hearing officer and a hearing officer
shall be provided by the convening authority, 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 Trial
Counsel'' 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
trial counsel to the special trial counsel,''.
SEC. 537. 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), 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) Covered Offenses.--A referral to a general or special
court-martial for trial of charges and specifications over
which a special trial counsel exercises authority may only be
made--
``(1) by a special trial counsel, subject to a special
trial counsel's written determination accompanying the
referral that--
``(A) each specification under a charge alleges an offense
under this chapter;
``(B) there is probable cause to believe that the accused
committed the offense charged; and
``(C) a court-martial would have jurisdiction over the
accused and the offense; or
``(2) in the case of charges and specifications that do not
allege a covered offense and as to which a special trial
counsel declines to prefer or, in the case of charges and
specifications preferred by a person other than a special
trial counsel, refer charges, by the convening authority in
accordance with this section.''; and
(5) in subsection (e), as so redesignated, by inserting
``or, with respect to charges and specifications over which a
special trial counsel exercises authority in accordance with
section 824a of this title (article 24a), a special trial
counsel,'' after ``convening authority''.
SEC. 538. 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 trial counsel'' after ``the
convening authority'' each place it appears.
SEC. 539. 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 over which
a special trial counsel exercises authority pursuant to
section 824a of this title (article 24a), a plea agreement
under this section may only be entered into between a special
trial counsel 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 trial counsel in the case of a plea agreement entered
into under subsection (a)(3))''.
SEC. 539A. DETERMINATIONS OF IMPRACTICABILITY 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: ``impracticable.--''
``(i) In general.--Subject to clause (ii), if the Judge
Advocate General'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) Cases referred by special trial counsel .--If a case
was referred to trial by a special trial counsel, a special
trial counsel shall determine if a rehearing is impracticable
and shall dismiss the charges if the special trial counsel 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 trial counsel.--If a case
was referred to trial by a special trial counsel, a special
trial counsel shall determine if a rehearing is impracticable
and shall dismiss the charges if the special trial counsel 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
[[Page H6980]]
was referred to trial by a special trial counsel, a special
trial counsel shall determine if a rehearing is impracticable
and shall dismiss the charges if the special trial counsel so
determines.''.
(d) Review by Judge Advocate General.--Section 869(c)(1)(D)
of title 10, Untied 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'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) If a case was referred to trial by a special trial
counsel, a special trial counsel shall determine if a
rehearing is impracticable and shall dismiss the charges if
the special trial counsel so determines.''.
SEC. 539B. APPLICABILITY TO THE UNITED STATES COAST GUARD.
The Secretary of Defense shall consult and enter into an
agreement with the Secretary of Homeland Security to apply
the provisions of this part and the amendments made by this
part, and the policies, mechanisms, and processes established
pursuant to such provisions, to the United States Coast Guard
when it is operating as a service in the Department of
Homeland Security.
SEC. 539C. 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 the regulations necessary 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--SEXUAL HARASSMENT; SENTENCING REFORM
SEC. 539D. INCLUSION OF SEXUAL HARASSMENT AS GENERAL PUNITIVE
ARTICLE.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the President shall--
(1) prescribe regulations establishing sexual harassment,
as described in this section, as an offense punishable under
section 934 of title 10, United States Code (article 134 of
the Uniform Code of Military Justice); and
(2) revise the Manual for Courts-Martial to include such
offense.
(b) Elements of Offense.--The regulations and the revisions
to the Manual for Courts-Martial required under subsection
(a) shall provide that the required elements constituting the
offense of sexual harassment are--
(1) that the accused knowingly made sexual advances,
demands or requests for sexual favors, or knowingly engaged
in other conduct of a sexual nature;
(2) that such conduct was unwelcome;
(3) that, under the circumstances, such conduct--
(A) would cause a reasonable person to believe, and a
certain person did believe, that submission to such conduct
would be made, either explicitly or implicitly, a term or
condition of that person's job, pay, career, benefits, or
entitlements;
(B) would cause a reasonable person to believe, and a
certain person did believe, that submission to, or rejection
of, such conduct would be used as a basis for decisions
affecting that person's job, pay, career, benefits, or
entitlements; or
(C) was so severe, repetitive, or pervasive that a
reasonable person would perceive, and a certain person did
perceive, an intimidating, hostile, or offensive working
environment; and
(4) that, under the circumstances, the conduct of the
accused was--
(A) to the prejudice of good order and discipline in the
armed forces;
(B) of a nature to bring discredit upon the armed forces;
or
(C) to the prejudice of good order and discipline in the
armed forces and of a nature to bring discredit upon the
armed forces.
SEC. 539E. 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.''; and
(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 539 of this Act, 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 subsection
(c), 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
set forth in regulations prescribed by the President pursuant
to section 539E(e) of the National Defense Authorization Act
for Fiscal Year 2022, 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 for which the President has
not established a sentencing parameter pursuant to section
539E(e) of the National Defense Authorization Act for Fiscal
Year 2022, the military judge may reject a plea agreement
that proposes a sentence if 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 set forth in regulations prescribed by the President
pursuant to section 539E(e) of the National Defense
Authorization Act for Fiscal Year 2022.''; and
(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 the President has established a sentencing parameter
pursuant to section 539E(e) of the National Defense
Authorization Act for Fiscal Year 2022, 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 the
President has established sentencing criteria pursuant to
section 539E(e) of the National Defense Authorization Act for
Fiscal Year 2022, 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 title (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) In general.--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) Term of confinement.--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.''; and
(4) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
[[Page H6981]]
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) in the case of a sentence for an offense for which
the President has established a sentencing parameter pursuant
to section 539E(e) of the National Defense Authorization Act
for Fiscal Year 2022, 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), as amended by section 539A of this Act,
is further 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(d) of this title
(article 56(d)), 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 the
President has not established a sentencing parameter pursuant
to section 539E(e) of the National Defense Authorization Act
for Fiscal Year 2022; or
``(ii) in the case of an offense for which the President
has established a sentencing parameter pursuant to section
539E(e) of the National Defense Authorization Act for Fiscal
Year 2022, if the sentence is above the upper range of such
sentencing parameter;
``(C) in the case of a sentence for an offense for which
the President has established a sentencing parameter pursuant
to section 539E(e) of the National Defense Authorization Act
for Fiscal Year 2022, 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 title (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(d) of this title (article 56(d)), other than
review under subsection (b)(2) of this section, 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) Establishment of Sentencing Parameters and Sentencing
Criteria.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the President shall prescribe
regulations establishing sentencing parameters and sentencing
criteria related to offenses under chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), 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;
(iv) the need for the sentencing parameter to be
sufficiently broad to allow for individualized consideration
of the offense and the accused; and
(v) any other relevant sentencing guideline.
(B) include no fewer than 5 and no more than 12 offense
categories;
(C) assign such offense under this chapter to an offense
category unless the offense is identified as unsuitable for
sentencing parameters under paragraph (4)(F)(ii); and
(D) delineate the confinement range for each offense
category by setting an upper confinement limit and a lower
confinement limit.
(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 5 voting members,
as follows:
(i) The 4 chief trial judges designated under section
826(g) of title 10, United States Code (article 26(g) of the
Uniform Code of Military Justice), 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 title 10, United
States Code (article 26(g) of the Uniform Code of Military
Justice), 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 title 10, United
States Code (article 26(g) of the Uniform Code of Military
Justice), 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. The Secretary of Defense may appoint one additional
nonvoting member of the Board at the Secretary's discretion.
(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 Secretary of Defense, the Board
shall submit to the President for approval--
(I) sentencing parameters for all offenses under chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice) (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 chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice),
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 title 10, United States Code (article 146(f)(2) of the
Uniform Code of Military Justice).
(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 chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice).
(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
may 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.
(f) Effective Date.--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.
(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. 539F. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2022, each Secretary
concerned shall provide to the appropriate congressional
committees a briefing that details the resourcing necessary
to implement this subtitle and the amendments made by this
subtitle.
(2) Report.--On a date occurring after the briefing under
paragraph (1), but 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
that details the resourcing necessary to implement this
subtitle and the amendments made by this subtitle.
[[Page H6982]]
(3) Form of briefing and report.--Each Secretary concerned
may provide the briefing and report required under paragraphs
(1) and (2) jointly, or separately, as determined appropriate
by such Secretaries
(b) Elements.--The briefing and report required under
subsection (a) shall address the following:
(1) The number of additional personnel and personnel
authorizations (military and civilian) required by the Armed
Forces to implement and execute the provisions of this
subtitle and the amendments made by this subtitle by the
effective date specified in section 539C.
(2) The basis for the number provided pursuant to paragraph
(1), including the following:
(A) A description of the organizational structure in which
such personnel or groups of personnel are or will be aligned.
(B) The nature of the duties and functions to be performed
by any such personnel or groups of personnel across the
domains of policy-making, execution, assessment, and
oversight.
(C) The optimum caseload goal assigned to the following
categories of personnel who are or will participate in the
military justice process: criminal investigators of different
levels and expertise, laboratory personnel, defense counsel,
special trial counsel, military defense counsel, military
judges, and military magistrates.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed Force
concerned.
(3) The nature and scope of any contract required by the
Armed Force concerned to implement and execute the provisions
of this subtitle and the amendments made by this subtitle by
the effective date specified in section 539C.
(4) The amount and types of additional funding required by
the Armed Force concerned to implement the provisions of this
subtitle and the amendments made by this subtitle by the
effective date specified in section 539C.
(5) Any additional authorities required to implement the
provisions of this subtitle and the amendments made by this
subtitle by the effective date specified in section 539C.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping, and
resourcing of the Armed Forces to implement and execute the
provisions of this subtitle and the amendments made by this
subtitle.
(c) 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 ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 539G. BRIEFING ON IMPLEMENTATION OF CERTAIN
RECOMMENDATIONS OF THE INDEPENDENT REVIEW
COMMISSION ON SEXUAL ASSAULT IN THE MILITARY.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the
status of the implementation of the recommendations 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.
(b) Elements.--The briefing under subsection (a) shall
address the following:
(1) The status of the implementation of each
recommendation, including--
(A) whether, how, and to what extent the recommendation has
been implemented; and
(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.
(2) For each recommendation that has not been fully
implemented or superseded by statute as of the date of the
briefing, a description of any plan for the implementation of
the recommendation, including identification of--
(A) intermediate actions, milestone dates, and any 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.
Subtitle E--Other Military Justice and Legal Matters
SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
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
plea agreement, separation-in-lieu-of-trial agreement, or
non-prosecution agreement relating to the offense, unless
providing such information would jeopardize a law enforcement
proceeding or would violate the privacy concerns of an
individual other than the accused.''.
SEC. 542. CONDUCT UNBECOMING AN OFFICER.
(a) In General.--Section 933 of title 10, United States
Code (article 133 of the Uniform Code of Military Justice) is
amended--
(1) in the section heading, by striking ``and a
gentleman''; and
(2) by striking ``and a gentleman''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of such title is
amended by striking the item relating to section 933 (article
133) and inserting the following new item:
``933. 133. Conduct unbecoming an officer.''.
SEC. 543. 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 the Army, Navy, Air Force, Marine Corps,
or Space Force who receives from a member of the command or a
civilian employee under the supervision of the officer a
formal complaint alleging a claim of sexual harassment by a
member of the armed forces or a civilian employee of the
Department of Defense shall, to the extent practicable,
direct that an independent investigation of the matter be
carried out in accordance with this section.
``(b) Commencement of Investigation.--To the extent
practicable, a commanding officer or officer in charge
receiving such a formal complaint shall forward such
complaint to an independent investigator within 72 hours
after receipt of the complaint, and shall further--
``(1) forward the formal complaint or a detailed
description of the allegation to the next superior officer in
the chain of command who is authorized to convene a general
court-martial; and
``(2) advise the complainant of the commencement of the
investigation.
``(c) Duration of Investigation.--To the extent
practicable, a commanding officer or officer in charge shall
ensure that an independent investigator receiving a formal
complaint of sexual harassment under this section completes
the investigation of the complaint not later than 14 days
after the date on which the investigation is commenced, and
that the findings of the investigation are forwarded to the
commanding officer or officer in charge specified in
subsection (a) for action as appropriate.
``(d) Report on Investigation.--To the extent practicable,
a commanding officer or officer in charge shall--
``(1) submit a final report on the results of the
independent investigation, including any action taken as a
result of the investigation, to the next superior officer
referred to in subsection (b)(1) within 20 days after the
date on which the investigation is commenced; or
``(2) submit a report on the progress made in completing
the investigation to the next superior officer referred to in
subsection (b)(1) within 20 days after the date on which the
investigation is commenced and every 14 days thereafter until
the investigation is completed and, upon completion of the
investigation, then submit a final report on the results of
the investigation, including any action taken as a result of
the investigation, to that next superior officer.
``(e) Sexual Harassment Defined.--In this section, the term
`sexual harassment' means conduct that constitutes the
offense of sexual harassment as punishable under section 934
of this title (article 134) pursuant to the regulations
prescribed by the Secretary of Defense for purposes of such
section (article).''.
(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 defined in section 1561 of title 10,
United States Code, as amended by subsection (a)) made on or
after that date.
(d) Regulations.--Not later than 18 months after the date
of the enactment of this Act the Secretary of Defense shall
prescribe regulations providing for the implementation of
section 1561 of title 10, United States Code, as amended by
subsection (a).
(e) Report on Implementation.--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
preparation of the Secretary to implement section 1561 of
title 10, United States Code, as amended by subsection (a).
SEC. 544. DEPARTMENT OF DEFENSE TRACKING OF ALLEGATIONS OF
RETALIATION BY VICTIMS OF SEXUAL ASSAULT OR
SEXUAL HARASSMENT AND RELATED PERSONS.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1562 the
following new section:
``Sec. 1562a. Complaints of retaliation by victims of sexual
assault or sexual harassment and related persons: tracking
by Department of Defense
``(a) Designation of Responsible Component.--The Secretary
of Defense shall designate a component of the Office of the
Secretary of Defense to be responsible for documenting and
tracking all covered allegations of retaliation and shall
ensure that the Secretaries concerned and the Inspector
General of the Department of Defense provide to such
component the information required to be documented and
tracked as described in subsection (b).
``(b) Tracking of Allegations.--The head of the component
designated by the Secretary
[[Page H6983]]
under subsection (a) shall document and track each covered
allegation of retaliation, including--
``(1) that such an allegation has been reported and by
whom;
``(2) the date of the report;
``(3) the nature of the allegation and the name of the
person or persons alleged to have engaged in such
retaliation;
``(4) the Department of Defense component or other entity
responsible for the investigation of or inquiry into the
allegation;
``(5) the entry of findings;
``(6) referral of such findings to a decisionmaker for
review and action, as appropriate;
``(7) the outcome of final action; and
``(8) any other element of information pertaining to the
allegation determined appropriate by the Secretary or the
head of the component designated by the Secretary.
``(c) Covered Allegation of Retaliation Defined.--In this
section, the term `covered allegation of retaliation' means
an allegation of retaliation--
``(1) made by--
``(A) an alleged victim of sexual assault or sexual
harassment;
``(B) an individual charged with providing services or
support to an alleged victim of sexual assault or sexual
harassment;
``(C) a witness or bystander to an alleged sexual assault
or sexual harassment; or
``(D) any other person associated with an alleged victim of
a sexual assault or sexual harassment; and
``(2) without regard to whether the allegation is reported
to or investigated or inquired into by--
``(A) the Department of Defense Inspector General or any
other inspector general;
``(B) a military criminal investigative organization;
``(C) a commander or other person at the direction of the
commander;
``(D) another military or civilian law enforcement
organization; or
``(E) any other organization, officer, or employee of the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 80 of title 10, United States Code, is
amended by inserting after the item relating to section 1562
the following new item:
``1562a. Complaints of retaliation by victims of sexual assault or
sexual harassment and related persons: tracking by
Department of Defense.''.
SEC. 545. 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. 546. 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 of 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. 547. PLANS FOR UNIFORM DOCUMENT MANAGEMENT SYSTEM,
TRACKING PRETRIAL INFORMATION, AND ASSESSING
CHANGES IN LAW.
(a) Plan for Document Management System.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy), the Secretaries of the military
departments, and the Judge Advocates specified in subsection
(e), shall publish a plan pursuant to which the Secretary of
Defense shall establish a single document management system
for use by each Armed Force to collect and present
information on matters within the military justice system,
including information collected and maintained for purposes
of section 940a of title 10, United States Code (article 140a
of the Uniform Code of Military Justice).
(2) Elements.--The plan under subsection (a) shall meet the
following criteria:
(A) Consistency of data fields.--The plan shall ensure that
each Armed Force uses consistent data collection fields,
definitions, and other criteria for the document management
system described in subsection (a).
(B) Best practices.--The plan shall include a strategy for
incorporating into the document management system the
features of the case management and electronic case filing
system of the Federal courts to the greatest extent possible.
(C) Prospective application.--The plan shall require the
document management system to be used for the collection and
presentation of information about matters occurring after the
date of the implementation of the system. The plan shall not
require the collection and presentation of historical data
about matters occurring before the implementation date of the
system.
(D) Resources.--The plan shall include an estimate of the
resources (including costs, staffing, and other resources)
required to implement the document management system.
(E) Authorities.--The plan shall include an analysis of any
legislative actions, including any changes to law, that may
be required to implement the document management system for
each Armed Force.
(b) Plan for Tracking Pretrial Information.--Not later than
one year after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of
Homeland Security (with respect to the Coast Guard when it is
not operating as a service in the Navy), the Secretaries of
the military departments, and the Judge Advocates specified
in subsection (e), shall publish a plan addressing how the
Armed Forces will collect, track, and maintain pretrial
records, data, and other information regarding the reporting,
investigation, and processing of all offenses under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), arising in any Armed Force in a manner
such that each Armed Force uses consistent data collection
fields, definitions, and criteria.
(c) Plan for Assessing Effects of Changes in Law.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the
Secretary of Homeland Security (with respect to the Coast
Guard when it is not operating as a service in the Navy), the
Secretaries of the military departments, and the Judge
Advocates specified in subsection (e), shall publish a plan
addressing the manner in which the Department of Defense will
analyze the effects of the changes in law and policy required
under subtitle D and the amendments made by such subtitle
with respect to the disposition of offenses over which a
special trial counsel at any time exercises authority in
accordance with section 824a of title 10, United States Code
(article 24a of the Uniform Code of Military Justice) (as
added by section 531 of this Act).
(d) Interim Briefings.--
(1) In general.--Not less frequently than once every 90
days during the covered period, the Secretary of Defense, in
consultation with the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy), the Secretaries of the military
departments, and the Judge Advocates specified in subsection
(e), shall provide to the Committees on Armed Services of the
Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives a briefing on the status of the
development of the plans required under subsections (a)
through (c).
(2) Covered period.--In this subsection, the term ``covered
period'' means the period beginning on the date of the
enactment of this Act and ending on the date that is one year
after the date of the enactment of this Act.
(e) Judge Advocates Specified.--The Judge Advocates
specified in this subsection are the following:
(1) The Judge Advocate General of the Army.
(2) The Judge Advocate General of the Navy.
(3) The Judge Advocate General of the Air Force.
(4) The Staff Judge Advocate to the Commandant of the
Marine Corps.
(5) The Judge Advocate General of the Coast Guard.
SEC. 548. DETERMINATION AND REPORTING OF MEMBERS MISSING,
ABSENT UNKNOWN, ABSENT WITHOUT LEAVE, AND DUTY
STATUS-WHEREABOUTS UNKNOWN.
(a) Comprehensive Review of Missing Persons Reporting.--The
Secretary of Defense shall instruct each Secretary of a
military department to perform a comprehensive review of the
policies and procedures of the military department concerned
to determine and report a member of an Armed Force under the
jurisdiction of such Secretary of a military department as
missing, absent unknown, absent without leave, or duty
status-whereabouts unknown.
(b) Review of Installation-level Procedures.--In addition
to such other requirements as may be set forth by the
Secretary of Defense pursuant to subsection (a), each
Secretary of a military department shall, with regard to the
military department concerned--
(1) direct each commander of a military installation,
including any tenant command or activity present on such
military installation, to review policies and procedures for
carrying out the determination and reporting activities
described in subsection (a); and
(2) update such installation-level policies and procedures,
including any tenant command or activity policies and
procedures, to improve force protection, enhance security for
members living on the military installation, and promote
reporting at the earliest practicable time to local law
enforcement (at all levels) and Federal law
[[Page H6984]]
enforcement field offices with overlapping jurisdiction with
that installation, when a member is determined to be missing,
absent unknown, absent without leave, or duty status-
whereabouts unknown.
(c) Installation-specific Reporting Protocols.--
(1) In general.--Each commander of a military installation
shall establish a protocol applicable to all persons and
organizations present on the military installation, including
tenant commands and activities, for sharing information with
local and Federal law enforcement agencies about members who
are missing, absent-unknown, absent without leave, or duty
status-whereabouts unknown. The protocol shall provide for
the immediate entry regarding the member concerned in the
Missing Persons File of the National Crimes Information
Center data and for the commander to immediately notify all
local law enforcement agencies with jurisdictions in the
immediate area of the military installation, when the status
of a member assigned to such installation has been determined
to be missing, absent unknown, absent without leave, or duty
status-whereabouts unknown.
(2) Reporting to military installation command.--Each
commander of a military installation shall submit the
protocol established pursuant to paragraph (1) to the
Secretary of the military department concerned.
(d) Report Regarding National Guard.--Not later than June
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 feasibility of implementing
subsections (a), (b), and (c), with regards to facilities of
the National Guard. Such report shall include recommendations
of the Secretary, including a proposed timeline for
implementing the provisions of such subsections that the
Secretary determines feasible.
SEC. 549. 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:
``(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
incidents involving members of the Armed Forces; and
(II) data for inclusion in the reports 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;
(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; and
(iii) issue guidance to the Secretaries of the military
departments to clarify and standardize the information
required to be collected and reported to the database on
domestic violence incidents under section 1562 of title 10,
United States Code.
(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; and
(ii) 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 of establishing
alternative disposition models for domestic violence,
including an assessment of the advantages and disadvantages
of each proposed model.
[[Page H6985]]
(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 briefing.--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,
the Secretary of Defense shall provide to the appropriate
congressional committees a briefing on the status of the
implementation of such activities.
(d) 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:
(1) The Family Advocacy Program of the Armed Force or
military department concerned.
(2) 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.
(3) 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 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 Briefing 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) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing setting forth the
results of the study conducted under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the Committees on Armed Services of the Senate and 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. 549A. ANNUAL PRIMARY PREVENTION RESEARCH AGENDA.
(a) In General.--Beginning on October 1, 2022, and annually
on the first day of each fiscal year thereafter, the
Secretary of Defense shall publish a Department of Defense
research agenda for that fiscal year, focused on the primary
prevention of interpersonal and self-directed violence,
including sexual assault, sexual harassment, domestic
violence, child abuse and maltreatment, problematic juvenile
sexual behavior, suicide, workplace violence, and substance
misuse.
(b) Elements.--Each annual primary prevention research
agenda published under subsection (a) shall--
(1) identify research priorities for that fiscal year;
(2) assign research projects and tasks to the military
departments and other components of the Department of
Defense, as the Secretary of Defense determines appropriate;
(3) allocate or direct the allocation of appropriate
resourcing for each such project and task; and
(4) be directive in nature and enforceable across all
components of the Department of Defense, including with
regard to--
(A) providing for timely access to records, data and
information maintained by any component of the Department of
Defense that may be required in furtherance of an assigned
research project or task;
(B) ensuring the sharing across all components of the
Department of Defense of the findings and the outcomes of any
research project or task; and
(C) any other matter determined by the Secretary of
Defense.
(c) Guiding Principles.--The primary prevention research
agenda should, as determined by the Secretary of Defense--
(1) reflect a preference for research projects and tasks
with the potential to yield or contribute to the development
and implementation of actionable primary prevention
strategies in the Department of Defense;
(2) be integrated, so as to discover or test cross-cutting
interventions across the spectrum of interpersonal and self-
directed violence;
(3) incorporate collaboration with other Federal
departments and agencies, State governments, academia,
industry, federally funded research and development centers,
non-profit organizations, and other organizations outside of
the Department of Defense; and
(4) minimize unnecessary duplication of effort.
(d) Budgeting.--The Secretary of Defense shall create a
unique Program Element for and shall prioritize recurring
funding to ensure the continuity of research pursuant to the
annual primary prevention research agenda.
SEC. 549B. PRIMARY PREVENTION WORKFORCE.
(a) Establishment.--The Secretary of Defense shall
establish a Primary Prevention Workforce to provide a
comprehensive and integrated program across the Department of
Defense enterprise for the primary prevention of
[[Page H6986]]
interpersonal and self-directed violence, including sexual
assault, sexual harassment, domestic violence, child abuse
and maltreatment, problematic juvenile sexual behavior,
suicide, workplace violence, and substance misuse.
(b) Primary Prevention Workforce Model.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report setting forth a holistic model for a
dedicated and capable Primary Prevention Workforce in the
Department of Defense.
(2) Elements.--The model required under paragraph (1) shall
include the following elements:
(A) A description of Primary Prevention Workforce roles,
responsibilities, and capabilities, including--
(i) the conduct of research and analysis;
(ii) advising all levels of military commanders and
leaders;
(iii) designing and writing strategic and operational
primary prevention policies and programs;
(iv) integrating and analyzing data; and
(v) implementing, evaluating, and adapting primary
prevention programs and activities, to include developing
evidence-based training and education programs for Department
personnel that is appropriately tailored by rank, occupation,
and environment.
(B) The design and structure of the Primary Prevention
Workforce, including--
(i) consideration of military, civilian, and hybrid
manpower options;
(ii) the comprehensive integration of the workforce from
strategic to tactical levels of the Department of Defense and
its components; and
(iii) mechanisms for individuals in workforce roles to
report to and align with installation-level and headquarters
personnel.
(C) Strategies, plans, and systematic approaches for
recruiting, credentialing, promoting, and sustaining the
diversity of work force roles comprising a professional
workforce dedicated to primary prevention.
(D) The creation of a professional, primary prevention
credential that standardizes a common base of education and
experience across the prevention workforce, coupled with
knowledge development and skill building requirements built
into the career cycle of prevention practitioners such that
competencies and expertise increase over time.
(E) Any other matter the Secretary of Defense determines
necessary and appropriate to presenting an accurate and
complete model of the Primary Prevention Workforce.
(c) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretaries of the military
departments and the Chief of the National Guard Bureau each
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report detailing how the military services
and the National Guard, as applicable, will adapt and
implement the primary prevention workforce model set forth in
the report required under subsection (b).
(2) Elements.--Each report submitted under subsection (a)
shall include a description of--
(A) expected milestones to implement the prevention
workforce in the component at issue;
(B) challenges associated with implementation of the
workforce and the strategies for addressing such challenges;
and
(C) additional authorities that may be required to optimize
implementation and operation of the workforce.
(d) Operating Capability Deadline.--The Primary Prevention
Workforce authorized under this section shall attain initial
operating capability in each military department and military
service and in the National Guard by not later than the
effective date specified in section 539C.
SEC. 549C. 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 organization under the
jurisdiction of such Secretary: and
(2) submit to the appropriate congressional committees a
report that includes--
(A) the results of the evaluation conducted under paragraph
(1); and
(B) based on such results, if the Secretary determines that
reform to the military criminal investigative organization
under the jurisdiction of such Secretary is advisable, a
proposal for reforming such organization to ensure that the
organization effectively meets 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, each Secretary concerned shall
submit to the appropriate congressional committees a plan to
implement, to the extent determined appropriate by such
Secretary, the reforms to the military criminal investigative
organization proposed by such Secretary under subsection (a)
to ensure that such organization is capable of professionally
investigating criminal misconduct under its jurisdiction.
(2) Elements.--Each plan under paragraph (1) shall include,
with respect to the military criminal investigative
organization under the jurisdiction of the Secretary
concerned, the following:
(A) The requirements that such military criminal
investigative organization 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
such military criminal investigative organization can achieve
its mission.
(C) An analysis of factors affecting the performance of
such military criminal investigate organization, including--
(i) whether appropriate technological investigative tools
are available and accessible to such organization; and
(ii) whether the functions of such organization would be
better supported by civilian rather than military leadership.
(D) For each such military criminal investigative
organization--
(i) the number of military personnel assigned to the
organization;
(ii) the number of civilian personnel assigned to the
organization; and
(iii) the functions of such military and civilian
personnel.
(E) A description of any plans of the Secretary concerned
to develop a more professional workforce of military and
civilian investigators.
(F) A proposed timeline for the reform of such military
investigative organization.
(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
organization 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 concerned may not
change the locations at which military criminal investigative
training is provided to members of the military criminal
investigative organization under the jurisdiction of such
Secretary 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 appropriate congressional
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--
(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'' means--
(A) the Secretary of the Army, with respect to the Army
Criminal Investigation Command;
(B) the Secretary of the Navy, with respect to the Naval
Criminal Investigative Service;
(C) the Secretary of the Air Force, with respect to the Air
Force Office of Special Investigations;
(D) the Secretary of Homeland Security, with respect to the
Coast Guard Investigative Service; and
(E) the Secretary of Defense, with respect to the Defense
Criminal Investigative Service.
SEC. 549D. MILITARY DEFENSE COUNSEL.
Each Secretary of a military department shall--
(1) ensure that military defense counsel have timely and
reliable access to and funding for defense investigators,
expert witnesses, trial support, pre-trial and post-trial
support, paralegal support, counsel travel, and other
necessary resources;
(2) ensure that military defense counsel detailed to
represent a member of the Armed Forces accused of a covered
offense (as defined in section 801(17) of title 10, United
States Code (article 1(17) of the Uniform Code of Military
Justice), as added by section 533 of this Act) are well-
trained and experienced, highly skilled, and competent in the
defense of cases involving covered offenses; and
(3) take or direct such other actions regarding military
defense counsel as may be warranted in the interest of the
fair administration of justice.
SEC. 549E. FULL FUNCTIONALITY OF MILITARY JUSTICE REVIEW
PANEL.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall establish or
reconstitute, maintain, and ensure the full functionality of
the Military Justice Review Panel established pursuant to
section 946 of title 10, United States Code (article 146 of
the Uniform Code of Military Justice)).
SEC. 549F. MILITARY SERVICE INDEPENDENT RACIAL DISPARITY
REVIEW.
(a) Review Required.--Each Secretary of a military
department shall conduct an assessment of racial disparity in
military justice and discipline processes and military
personnel policies, as they pertain to minority populations.
(b) Report Required.--Not later than one year after the
date of the enactment of this Act,
[[Page H6987]]
each Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives and the Comptroller General of the United
States a report detailing the results of the assessment
required by subsection (a), together with recommendations for
statutory or regulatory changes as the Secretary concerned
determines appropriate.
(c) Comptroller General Report.--Not later than 180 days
after receiving the reports submitted under subsection (b),
the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report comparing the military service assessments on racial
disparity conducted under subsection (a) to existing reports
assessing racial disparity in civilian criminal justice
systems in the United States.
(d) Definitions.--In this section:
(1) Military justice; discipline processes.--The terms
``military justice'' and ``discipline processes'' refer to
all facets of the military justice system, including
investigation, the use of administrative separations and
other administrative sanctions, non-judicial punishment,
panel selection, pre-trial confinement, the use of solitary
confinement, dispositions of courts-martial, sentencing, and
post-trial processes.
(2) Military personnel policies.--The term ``military
personnel policies'' includes accession rates and policies,
retention rates and policies, promotion rates, assignments,
professional military education selection and policies, and
career opportunity for minority members of the Armed Forces.
(3) Minority populations.--The term ``minority
populations'' includes Black, Hispanic, Asian/Pacific
Islander, American Indian, and Alaska Native populations.
SEC. 549G. INCLUSION OF RACE AND ETHNICITY IN ANNUAL REPORTS
ON SEXUAL ASSAULTS; REPORTING ON RACIAL AND
ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE
SYSTEM.
(a) 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 sex
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, to the extent possible, statistics on offenses under
chapter 47 of this title (the Uniform Code of Military
Justice), during the year covered by the report, including--
``(1) the number of offenses in the armed force that were
reported to military officials, disaggregated by--
``(A) statistical category as related to the victim; and
``(B) statistical category as related to the principal;
``(2) the number of offenses in the armed forces that were
investigated, disaggregated by statistical category as
related to the principal;
``(3) 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;
``(4) 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;
``(5) the number of offenses in which charges were
preferred, disaggregated by statistical category as related
to the principal;
``(6) 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;
``(7) 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
``(8) 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.
``(c) Submission to Congress.--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 Committees on Armed Services of the Senate
and the House of Representatives.
``(e) Definitions.--In this section:
``(1) The term `statistical category' means each of the
following categories:
``(A) race;
``(B) sex;
``(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).''.
(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.''.
(b) Policy Required.--
(1) Requirement.--Not later than two years after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe a policy requiring information on the race and
ethnicity of accused individuals to be included to the
maximum extent practicable in the annual report required
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).
(2) Exclusion.--The policy prescribed under paragraph (1)
may provide for the exclusion of such information based on
privacy concerns, impacts on accountability efforts, or other
matters of importance as determined and identified in such
policy by the Secretary.
(3) Publicly available.--The Secretary of Defense shall
make publicly available the information described in
paragraph (1), subject to the exclusion of such information
pursuant to paragraph (2).
(4) Sunset.--The requirements of this subsection shall
terminate on May 1, 2028.
SEC. 549H. DOD SAFE HELPLINE AUTHORIZATION TO PERFORM INTAKE
OF OFFICIAL RESTRICTED AND UNRESTRICTED REPORTS
FOR ELIGIBLE ADULT SEXUAL ASSAULT VICTIMS.
Section 584 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Authorizations for DoD Safe Helpline.--
``(1) Providing support and receiving official reports.--
DoD Safe Helpline (or any successor service to DoD Safe
Helpline, if any, as identified by the Secretary of Defense)
is authorized to provide crisis intervention and support and
to perform the intake of official reports of sexual assault
from eligible adult sexual assault victims who contact the
DoD Safe Helpline or other reports as directed by the
Secretary of Defense.
``(2) Training and oversight.--DoD Safe Helpline staff
shall have specialized training and appropriate certification
to support eligible adult sexual assault victims.
``(3) Eligibility and procedures.--The Secretary of Defense
shall prescribe regulations regarding eligibility for DoD
Safe Helpline services, procedures for providing crisis
intervention and support, and accepting reports.
``(4) Electronic receipt of official reports of adult
sexual assaults.--DoD Safe Helpline shall provide the ability
to receive reports of adult sexual assaults through the DoD
Safe Helpline website and mobile phone applications, in a
secure manner consistent with appropriate protection of
victim privacy, and may offer other methods of receiving
electronic submission of adult sexual assault reports, as
appropriate, in a manner that appropriately protects victim
privacy.
``(5) Types of reports.--Reports of sexual assault from
eligible adult sexual assault victims received by DoD Safe
Helpline (or a successor as determined by the Secretary of
Defense) shall include unrestricted and restricted reports,
or other reports as directed by the Secretary of Defense.
``(6) Option for entry into the catch a serial offender
system.--An individual making a restricted report (or a
relevant successor type of report or other type of
appropriate report, as determined by the Secretary of
Defense) to the DoD Safe Helpline (or a successor as
determined by the Secretary of Defense) shall have the option
to submit information related to their report to the Catch a
Serial Offender system (or its successor or similar system as
determined by the Secretary of Defense).''.
SEC. 549I. EXTENSION OF ANNUAL REPORT REGARDING SEXUAL
ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.
Section 1631(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 1561 note) is amended by striking ``through March
1, 2021'' and inserting ``through March 1, 2026''.
SEC. 549J. STUDY AND REPORT ON SEXUAL ASSAULT RESPONSE
COORDINATOR MILITARY OCCUPATIONAL SPECIALTY.
(a) Study.--Beginning not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
initiate a personnel study to determine--
(1) the feasibility and advisability of creating a military
occupational speciality for Sexual Assault Response
Coordinators; and
(2) if determined to be feasible and advisable, the optimal
approach to establishing and maintaining such a military
occupational speciality.
(b) Report and Briefing.--
(1) 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
results of the study conducted under subsection (a).
(2) Briefing.--Not later than 30 days after the date on
which the report is submitted under paragraph (1), the
Secretary of Defense shall provide to the congressional
defense committees a briefing on the results of the study
conducted under subsection (a).
(c) Elements.--The report and briefing under subsection (b)
shall include the following:
(1) The determination of the Secretary of Defense as to
whether creating a military occupational speciality for
Sexual Assault Response Coordinators is feasible and
advisable.
(2) If the Secretary determines that the creation of such a
specialty is feasible and advisable--
[[Page H6988]]
(A) a recommendation on the rank and level of experience
required for a military occupational speciality for Sexual
Assault Response Coordinators;
(B) recommendations for strengthening recruitment and
retention of members of the Armed Forces of the required rank
and experience identified under subparagraph (A), including
recommendations with respect to--
(i) designating Sexual Assault Response Coordinators as a
secondary military occupational speciality instead of a
primary military occupational speciality;
(ii) providing initial or recurrent bonuses or duty
stations of choice to members who qualify for the military
occupational speciality for Sexual Assault Response
Coordinators;
(iii) limiting the amount of time that a member who has
qualified for such military occupational speciality can serve
as a Sexual Assault Response Coordinator in a given period;
or
(iv) requiring evaluations, completed by an officer in the
rank of O-6 or higher, for members who have qualified for
such military occupational speciality and are serving as a
Sexual Assault Response Coordinator;
(C) recommendations for standardizing training and
education for members of the Armed Forces seeking a military
occupational speciality for Sexual Assault Response
Coordinators or those serving as a Sexual Assault Response
Coordinator, including by establishing dedicated educational
programs for such members within each Armed Force;
(D) an analysis of the impact of a military occupational
speciality for Sexual Assault Response Coordinators on the
personnel management of the existing Sexual Assault Response
Coordinator program, including recruitment and retention;
(E) an analysis of the requirements for a Sexual Assault
Response Coordinator-specific chain of command;
(F) analysis of the costs of establishing and maintaining a
military occupational speciality for Sexual Assault Response
Coordinators;
(G) analysis of the potential impacts of a military
occupational specialty for Sexual Assault Response
Coordinators on the mental health of personnel within the
specialty; and
(H) any other matters the Secretary of Defense determines
relevant for inclusion.
SEC. 549K. 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;
(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. 549L. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF, AND
RESPONSE TO, BULLYING IN THE ARMED FORCES.
Section 549 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is
amended--
(1) in the section heading, by inserting ``and bullying''
after ``hazing'';
(2) in subsection (a)--
(A) in the heading, by inserting ``and anti-bullying''
after ``Anti-hazing''; and
(B) by inserting ``or bullying'' after ``hazing'' both
places it appears;
(3) in subsection (b), by inserting ``and bullying'' after
``hazing''; and
(4) in subsection (c)--
(A) in the heading, by inserting ``and bullying'' after
``hazing'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``January 31 of each year through January
31, 2021'' and inserting ``May 31, 2023, and annually
thereafter for five years,''; and
(II) by striking ``each Secretary of a military department,
in consultation with the Chief of Staff of each Armed Force
under the jurisdiction of such Secretary,'' and inserting
``the Secretary of Defense'';
(ii) in subparagraph (A), by inserting ``or bullying''
after ``hazing''; and
(iii) in subparagraph (C), by inserting ``and anti-
bullying'' after ``anti-hazing''; and
(C) in amending paragraph (2) to read as follows:
``(2) Additional elements.--Each report required by this
subsection shall include the following:
``(A) A description of comprehensive data-collection
systems of each Armed Force described in subsection (b) and
the Office of the Secretary of Defense for collecting hazing
or bullying reports involving a member of the Armed Forces.
``(B) A description of processes of each Armed Force
described in subsection (b) to identify, document, and report
alleged instances of hazing or bullying. Such description
shall include the methodology each such Armed Force uses to
categorize and count potential instances of hazing or
bullying.
``(C) An assessment by each Secretary of a military
department of the quality and need for training on
recognizing and preventing hazing and bullying provided to
members under the jurisdiction of such Secretary.
``(D) An assessment by the Office of the Secretary of
Defense of--
``(i) the effectiveness of each Armed Force described in
subsection (b) in tracking and reporting instances of hazing
or bullying;
``(ii) whether the performance of each such Armed Force was
satisfactory or unsatisfactory in the preceding fiscal year.
``(E) Recommendations of the Secretary to improve--
``(i) elements described in subparagraphs (A) through (D).
``(ii) the Uniform Code of Military Justice or the Manual
for Courts-Martial to improve the prosecution of persons
alleged to have committed hazing or bullying in the Armed
Forces.
``(F) The status of efforts of the Secretary to evaluate
the prevalence of hazing and bullying in the Armed Forces.
``(G) Data on allegations of hazing and bullying in the
Armed Forces, including final disposition of investigations.
``(H) Plans of the Secretary to improve hazing and bullying
prevention and response during the next reporting year.''.
SEC. 549M. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN
THE UNIFORM CODE OF MILITARY JUSTICE ON VIOLENT
EXTREMISM.
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 containing such recommendations as
the Secretary considers appropriate with respect to the
establishment of a separate punitive article in chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice), on violent extremism.
SEC. 549N. COMBATING FOREIGN MALIGN INFLUENCE.
Section 589E of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by striking subsections (d) and (e); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Establishment of Working Group.--(1) Not later than
one year after the date of the enactment of this subsection,
the Secretary of Defense shall establish a working group to
assist the official designated under subsection (b), as
follows:
``(A) In the identification of mediums used by covered
foreign countries to identify, access, and endeavor to
influence servicemembers and Department of Defense civilian
employees through foreign malign influence campaigns and the
themes conveyed through such mediums.
``(B) In coordinating and integrating the training program
under this subsection in order to enhance and strengthen
servicemember and Department of Defense civilian employee
awareness of and defenses against foreign malign influence,
including by bolstering information literacy.
``(C) In such other tasks deemed appropriate by the
Secretary of Defense or the official designated under
subsection (b).
``(2) The official designed under subsection (b) and the
working group established under this subsection shall consult
with the Foreign Malign Influence Response Center established
pursuant to section 3059 of title 50, United States Code.
``(e) Report Required.--Not later than 18 months after the
establishment of the working group, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the
working group, its activities, the effectiveness of the
counter foreign malign influence activities carried out under
this section, the metrics applied to determined
effectiveness, and the actual costs associated with actions
undertaken pursuant to this section.
[[Page H6989]]
``(f) Definitions.--In this section:
``(1) Foreign malign influence.--The term `foreign malign
influence' has the meaning given that term in section 119C of
the National Security Act of 1947 (50 U.S.C. 3059).
``(2) Covered foreign country.--The term `covered foreign
country' has the meaning given that term in section 119C of
the National Security Act of 1947 (50 U.S.C. 3059)
``(3) Information literacy.--The term `information
literacy' means the set of skills needed to find, retrieve,
understand, evaluate, analyze, and effectively use
information (which encompasses spoken and broadcast words and
videos, printed materials, and digital content, data, and
images).''.
Subtitle F--Member Education, Training, and Transition
SEC. 551. TROOPS-TO-TEACHERS PROGRAM.
(a) Requirement to Carry Out Program.--Section 1154(b) of
title 10, United States Code, is amended by striking ``may''
and inserting ``shall''.
(b) Reporting Requirement.--Section 1154 of title 10,
United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Annual Report.--(1) Not later than December 1, 2022,
and annually thereafter, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the Program.
``(2) The report required under paragraph (1) shall include
the following elements:
``(A) The total cost of the Program for the most recent
fiscal year.
``(B) The total number of teachers placed during such
fiscal year and the locations of such placements.
``(C) An assessment of the STEM backgrounds of the teachers
placed, the number of placements in high-need schools, and
any other metric or information the Secretary considers
appropriate to illustrate the cost and benefits of the
program to members of the armed forces, veterans, and local
educational agencies.
``(3) In this subsection, the term `appropriate
congressional committees' means--
``(A) the Committee on Armed Services and the Committee on
Help, Education, Labor, and Pensions of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Education and Labor of the House of Representatives.''.
(c) Sunset.--Section 1154 of title 10, United States Code,
as amended by subsection (b), is further amended by adding at
the end the following new subsection:
``(k) Sunset.--The Program shall terminate on July 1, 2025,
with respect to the selection of new participants for the
program. Participants in the Program as of that date may
complete their program, and remain eligible for benefits
under this section.''.
SEC. 552. CODIFICATION OF HUMAN RELATIONS TRAINING FOR
CERTAIN MEMBERS OF THE ARMED FORCES.
(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 training
``(a) Human Relations Training.--(1)(A) The Secretary of
Defense shall ensure that the Secretary of each military
department conducts ongoing programs for human relations
training for all members of the armed forces under the
jurisdiction of the Secretary.
``(B) Matters covered by such training include race
relations, equal opportunity, opposition to gender
discrimination, and sensitivity to hate group activity.
``(C) Such training shall be provided during basic training
(or other initial military training) and on a regular basis
thereafter.
``(2) The Secretary of Defense shall ensure that a unit
commander is aware of the responsibility to ensure that
impermissible activity, based upon discriminatory motives,
does not occur in a unit under the command of such commander.
``(b) Information Provided to Prospective Recruits.--The
Secretary of Defense shall ensure that--
``(1) each individual preparing to enter an officer
accession program or to execute an original enlistment
agreement is provided information concerning the meaning of
the oath of office or oath of enlistment for service in the
armed forces in terms of the equal protection and civil
liberties guarantees of the Constitution; and
``(2) each such individual is informed that if supporting
such guarantees is not possible personally for that
individual, then that individual should decline to enter the
armed forces.''.
(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 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.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
brief the Committees on Armed Services of the Senate and
House of Representatives regarding--
(1) implementation of section 2001 of such title, as added
by subsection (a); and
(2) legislation the Secretary determines necessary to
complete such implementation.
SEC. 553. 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 all
nominations for cadets allocated to such Senator 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 submittal of nominations for cadets for the academic
year, the nominations for cadets for such academic year,
otherwise authorized to be made by the Senator pursuant to
such section, may be made instead by the other Senator from
the State of such Representative.
``(b) Representatives.--In the event a Representative does
not submit all nominations for cadets allocated to such
Representative 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 for such academic year, otherwise
authorized to be made by the Representative pursuant to such
section, may be made instead by the Senators from the State
of such Representative, with such nominations divided equally
among such Senators and any remainder going to the senior
Senator from the State.
``(c) Rule of Construction.--The nomination of a cadet by a
Member of Congress pursuant to this section shall not be
construed to permanently reallocate nominations under section
7442 of this title.''.
(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 all
nominations for midshipmen allocated to such Senator 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 for such academic year,
otherwise authorized to be made by the Senator pursuant to
such section, may be made instead by the other Senator from
the State of such Representative.
``(b) Representatives.--In the event a Representative does
not submit all nominations for midshipmen allocated to such
Representative 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 for such academic year,
otherwise authorized to be made by the Representative
pursuant to such section, may be made instead by the Senators
from the State of such Representative, with such nominations
divided equally among such Senators and any remainder going
to the senior Senator from the State.
``(c) Rule of Construction.--The nomination of a midshipman
by a Member of Congress pursuant to this section shall not be
construed to permanently reallocate nominations under section
8454 of this title.''.
(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 all
nominations for cadets allocated to such Senator 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 for such academic year,
otherwise authorized to be made by the Senator pursuant to
such section, may be made instead by the other Senator from
the State of such Representative.
``(b) Representatives.--In the event a Representative does
not submit all nominations for
[[Page H6990]]
cadets allocated to such Representative 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 for such academic year, otherwise
authorized to be made by the Representative pursuant to such
section, may be made instead by the Senators from the State
of such Representative, with such nominations divided equally
among such Senators and any remainder going to the senior
Senator from the State.
``(c) Rule of Construction.--The nomination of a cadet by a
Member of Congress pursuant to this section shall not be
construed to permanently reallocate nominations under section
9442 of this title.''.
(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. 554. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO
MEMBERS OF BOARD OF VISITORS OF MILITARY
ACADEMIES WHOSE TERMS HAVE EXPIRED.
(a) United States Military Academy.--Section 7455(b) of
title 10, United States Code, is amended by striking ``is
appointed'' and inserting ``is appointed by the President''.
(b) United States Naval Academy.--Section 8468(b) of title
10, United States Code, is amended by striking ``is
appointed'' and inserting ``is appointed by the President''.
(c) United States Air Force Academy.--Section 9455(b)(1) of
title 10, United States Code, is amended by striking ``is
designated'' and inserting ``is designated by the
President''.
(d) United States Coast Guard Academy.--Section
1903(b)(2)(B) of title 14, United States Code, is amended by
striking ``is appointed'' and inserting ``is appointed by the
President''.
SEC. 555. MEETINGS OF THE BOARD OF VISITORS OF A MILITARY
SERVICE ACADEMY: VOTES REQUIRED TO CALL; HELD
IN PERSON OR REMOTELY.
(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)(1) A majority of the members of the Board may call an
official meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
(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)(1) A majority of the members of the Board may call an
official meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
(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)(1) A majority of the members of the Board may call an
official meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
SEC. 556. 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. 557. 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, including in designated fields
of national and economic importance such as cybersecurity,
artificial intelligence, machine learning, data science, and
software engineering; 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
``(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 Faculty 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. 558. 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:
[[Page H6991]]
``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. 559. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION
ASSISTANCE AND MONTGOMERY GI BILL-SELECTED
RESERVE BENEFITS.
(a) In General.--Section 16131 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(k)(1) In the case of an individual entitled to
educational assistance under this chapter who is pursuing
education or training described in subsection (a) or (c) of
section 2007 of this title on a half-time or more basis, the
Secretary concerned shall, at the election of the individual,
pay the individual educational assistance allowance under
this chapter for pursuit of such education or training as if
the individual were not also eligible to receive or in
receipt of educational assistance under section 2007 for
pursuit of such education or training.
``(2) Concurrent receipt of educational assistance under
section 2007 of this title and educational assistance under
this chapter shall not be considered a duplication of
benefits if the individual is enrolled in a program of
education on a half-time or more basis.''.
(b) Conforming Amendments.--Section 2007(d) of such title
is amended--
(1) in paragraph (1), by inserting ``or chapter 1606 of
this title'' after ``of title 38''; and
(2) in paragraph (2), by inserting ``, in the case of
educational assistance under chapter 30 of such title, and
section 16131(k), in the case of educational assistance under
chapter 1606 of this title'' before the period at the end.
SEC. 559A. REGULATIONS ON CERTAIN PARENTAL GUARDIANSHIP
RIGHTS OF CADETS AND MIDSHIPMEN.
(a) Regulations Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, after consultation with the Secretaries of the
military departments and the Superintendent of each military
service academy, shall prescribe regulations that include the
option to preserve parental guardianship rights of a cadet or
midshipman who becomes pregnant or fathers a child while
attending a military service academy, consistent with the
individual and academic responsibilities of such cadet or
midshipman.
(b) Briefings; Report.--
(1) Interim briefing.--Not later than May 1, 2022, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives an
interim briefing on the development of the regulations
prescribed under subsection (a).
(2) 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 any legislation the Secretary
determines necessary to implement the regulations prescribed
under subsection (a).
(3) Final briefing.--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 final briefing on the regulations
prescribed under subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed to change, or require a change to, any admission
requirement at a military service academy.
(d) Military Service Academy Defined.--In this section, the
term ``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 559B. DEFENSE LANGUAGE CONTINUING EDUCATION PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall establish policies and
procedures to provide, to linguists of the covered Armed
Forces who have made the transition from formal training
programs to operational and staff assignments, continuing
language education to maintain their respective language
proficiencies.
(b) Reimbursement Authority.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Under Secretary, in
coordination with the chief of each covered Armed Force,
shall establish a procedure by which the covered Armed Force
concerned may reimburse an organization of the Department of
Defense that provides, to members of such covered Armed
Force, continuing language education, described in subsection
(a), for the costs of such education.
(2) Sunset.--The authority under this subsection shall
expire on September 30, 2025.
(c) Briefing.--Not later than July 1, 2022, the Under
Secretary shall brief the Committees on Armed Services of the
Senate and House of Representatives on implementation of this
section and plans regarding continuing language education
described in subsection (a).
(d) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the Army, Navy, Air Force,
Marine Corps, or Space Force.
SEC. 559C. PROHIBITION ON IMPLEMENTATION BY UNITED STATES AIR
FORCE ACADEMY OF CIVILIAN FACULTY TENURE
SYSTEM.
The Secretary of Defense may not implement a civilian
faculty tenure system for the United States Air Force Academy
(in this section referred to as the ``Academy'') until the
Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a report assessing
the following:
(1) How a civilian faculty tenure system would promote the
mission of the Academy.
(2) How a civilian faculty tenure system would affect the
current curricular governance process of the Academy.
(3) How the Academy will determine the number of civilian
faculty at the Academy who would be granted tenure.
(4) How a tenure system would be structured for Federal
employees at the Academy, including exact details of specific
protections and limitations.
(5) The budget implications of implementing a tenure system
for the Academy.
(6) The faculty qualifications that would be required to
earn and maintain tenure.
(7) The reasons for termination of tenure that will be
implemented and how a tenure termination effort would be
conducted.
SEC. 559D. 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.
(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. 559E. REPORT ON TRAINING AND EDUCATION OF MEMBERS OF THE
ARMED FORCES REGARDING SOCIAL REFORM AND
UNHEALTHY BEHAVIORS.
(a) Report Required.--Not later than June 1, 2022, the
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report 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 report 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;
[[Page H6992]]
(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) 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.
SEC. 559F. REPORT ON STATUS OF ARMY TUITION ASSISTANCE
PROGRAM ARMY IGNITED PROGRAM.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report on
the status of the Army IgnitED program of the Army's Tuition
Assistance Program.
(b) Elements.--The report required under subsection (a)
shall describe--
(1) the estimated date when the Army IgnitED program will
be fully functional;
(2) the estimated date when service members will be
reimbursed for out of pocket expenses caused by processing
delays and errors under the Army IgnitED program; and
(3) the estimated date when institutions of higher
education will be fully reimbursed for all costs typically
provided through the Tuition Assistance Program but delayed
due to processing delays and errors under the Army IgnitED
program.
SEC. 559G. BRIEFING ON CADETS AND MIDSHIPMEN WITH SPEECH
DISORDERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committees
on Armed Services of the Senate and House of Representatives
regarding nominees, who have speech disorders, to each
military service academy. Such briefing shall include the
following:
(1) The number of such nominees were offered admission to
the military service academy concerned.
(2) The number of nominees described in paragraph (1) who
were denied admission on the basis of such disorder.
(3) Whether the admission process to a military service
academy includes testing for speech disorders.
(4) The current medical standards of each military service
academy regarding speech disorders.
(5) Whether the Superintendent of each military service
academy provides speech therapy to mitigate speech
disorders--
(A) of nominees to such military service academy to
facilitate admission of such nominees; and
(B) of the cadets or midshipman at such military service
academy.
Subtitle G--Military Family Readiness and Dependents' Education
SEC. 561. EXPANSION OF SUPPORT PROGRAMS FOR SPECIAL
OPERATIONS FORCES PERSONNEL AND IMMEDIATE
FAMILY MEMBERS.
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. 562. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY MEMBER
PROGRAM.
(a) 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 inserting ``In
appointing individuals to the panel, the Secretary shall
ensure that--''; and
(5) by adding at the end the following:
``(A) one individual is the spouse of an enlisted member;
``(B) one individual is the spouse of an officer in a grade
below O-6;
``(C) one individual is a junior enlisted member;
``(D) one individual is a junior officer;
``(E) individuals reside in different geographic regions;
``(F) one individual is a member serving at a remote
installation or is a member of the family of such a member;
and
``(G) at least two individuals are members serving on
active duty, each with a dependent who--
``(i) is enrolled in the Exceptional Family Member Program;
and
``(ii) has an individualized education program.''.
(b) Relocation.--The Secretary of the military department
concerned may, 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.
(c) Family Member Medical Summary.--The Secretary of a
military department, in coordination with the Director of the
Defense Health Agency, shall require that a family member
medical summary, completed by a licensed and credentialed
medical provider, is accessible in the electronic health
record of the Department of Defense for subsequent review by
a licensed medical provider.
(d) 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. 563. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND
CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational
Agencies That Benefit Dependents of Members of the Armed
Forces and Department of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized to be
appropriated for fiscal year 2022 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$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).
(2) Local educational agency defined.--In this subsection,
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)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2022 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2022 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(3) Report.--Not later than March 31, 2022, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the Department's
evaluation of each local educational agency with higher
concentrations of military children with severe disabilities
and subsequent determination of the amounts of impact aid
each such agency shall receive.
SEC. 564. PILOT PROGRAM TO ESTABLISH EMPLOYMENT FELLOWSHIP
OPPORTUNITIES FOR MILITARY SPOUSES.
(a) Establishment.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense may
establish a three-year pilot program to provide employment
support to the spouses of members of the Armed Forces through
a paid fellowship with employers across a variety of
industries. In carrying out the pilot program, the Secretary
shall take the following steps:
(1) Enter into a contract or other agreement to conduct a
career fellowship pilot program for military spouses.
(2) Determine the appropriate capacity for the pilot
program based on annual funding availability.
(3) Establish evaluation criteria to determine measures of
effectiveness and cost-benefit analysis of the pilot program
in supporting military spouse employment.
(b) Limitation on Total Amount of Assistance.--The total
amount of the pilot program may not exceed $5,000,000 over
the life of the pilot.
(c) Reports.--Not later than two years after the Secretary
establishes the pilot program, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives an interim report that includes the
following elements:
(1) The number of spouses who participated in the pilot
program annually.
(2) The amount of funding spent through the pilot program
annually.
(3) A recommendation of the Secretary regarding whether to
discontinue, expand, or make the pilot program permanent.
(d) Final Report.--Not later than 180 days after the pilot
program ends, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a final report that includes the following elements:
(1) The number of spouses who participated in the pilot
program.
(2) The amount of funding spent through the pilot program.
(3) An evaluation of outcomes.
(4) A recommendation of the Secretary regarding whether to
make the pilot program permanent.
(e) Termination.--The pilot program shall terminate three
years after the date on which the Secretary establishes the
pilot program.
[[Page H6993]]
SEC. 565. POLICY REGARDING REMOTE MILITARY INSTALLATIONS.
(a) Policy.--Not later than December 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 and military personnel assigned to
remote locations.
(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 March 1, 2023, 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 policy under this section.
(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. 566. IMPLEMENTATION OF GAO RECOMMENDATION ON IMPROVED
COMMUNICATION OF BEST PRACTICES TO ENGAGE
MILITARY SPOUSES WITH CAREER ASSISTANCE
RESOURCES.
(a) Plan Required.--The Secretary of Defense shall develop
a plan to implement the recommendation of the Comptroller
General of the United States, to address strategies for
sharing information on outreach to military spouses regarding
career assistance resources, in the report of the Government
Accountability Office titled ``Military Spouse Employment:
DOD Should Continue Assessing State Licensing Practices and
Increase Awareness of Resources'' (GAO-21-193). The plan
shall include the following elements:
(1) A summary of actions that have been taken to implement
the recommendation.
(2) A summary of actions that will be taken to implement
the recommendation, including how the Secretary plans to--
(A) engage military services and installations, members of
the Spouse Ambassador Network, and other local stakeholders
to obtain information on the outreach approaches and best
practices used by military installations and stakeholders;
(B) overcome factors that may limit use of best practices;
(C) disseminate best practices to relevant stakeholders;
and
(D) identify ways to and better coordinate with the
Secretaries of Veterans Affairs, Labor, and Housing and Urban
Development; and
(E) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Implementation; Deadline.--Not later than 18 months
after the date of the enactment of this Act, the Secretary of
Defense shall carry out activities to implement the plan
developed under subsection (a).
SEC. 567. STUDY ON EMPLOYMENT OF MILITARY SPOUSES.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study to identify employment barriers affecting military
spouses.
(2) Elements.--The study conducted under paragraph (1)
shall determine the following:
(A) The rate or prevalence of military spouses who are
currently employed and whether such military spouses have
children.
(B) The rate or prevalence of military spouses who are
underemployed.
(C) In connection with subparagraph (B), whether a military
spouse would have taken a different position of employment if
the military spouse were not impacted by the spouse who is a
member of the Armed Forces.
(D) The rate or prevalence of military spouses who, due to
military affiliation, have experienced discrimination by
civilian employers, including loss of employment, denial of a
promotion, and difficulty in being hired.
(E) Any other barriers of entry into the local workforce
for military spouses, including--
(i) state licensure requirements;
(ii) availability of childcare;
(iii) access to broadband;
(iv) job availability in military communities; and
(v) access to housing.
(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 a report
containing the results of the study conducted under this
section, including any policy recommendations to address
employment barriers identified by the study.
(c) Definitions.--In this section:
(1) Military spouse.--The term ``military spouse'' means
the spouse of a member of the Armed Forces serving on active
duty.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given
that term in section 101(a)(16) of title 10, United States
Code.
SEC. 568. BRIEFING ON EFFORTS OF COMMANDERS OF MILITARY
INSTALLATIONS TO CONNECT MILITARY FAMILIES WITH
LOCAL ENTITIES THAT PROVIDE SERVICES TO
MILITARY FAMILIES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committees
on Armed Services of the Senate and House of Representatives
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. 569. BRIEFING ON PROCESS TO CERTIFY REPORTING OF
ELIGIBLE FEDERALLY CONNECTED CHILDREN FOR
PURPOSES OF FEDERAL IMPACT AID PROGRAMS.
(a) Briefing.--Not later April 1, 2022, the Secretary of
Defense shall brief the Committees on Armed Services of the
Senate and House of Representatives on the following:
(1) The feasibility of developing a written process whereby
an installation commander can certify the information
contained in impact aid source check forms received by such
installation commander from local educational agencies.
(2) Benefits of working with local educational agencies to
certify impact aid source check forms are submitted in the
appropriate manner.
(3) An estimated timeline to implement such a certification
process.
(b) Definitions.--In this section:
(1) 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)).
(2) 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).
SEC. 569A. BRIEFING ON LEGAL SERVICES FOR FAMILIES ENROLLED
IN THE EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the Committees on Armed Services of the Senate
and House of Representatives on the provision of legal
services, under section 582(b)(7) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), to families enrolled in EFMP.
(b) Elements.--The briefing shall include the following
elements:
(1) Training, provided by civilian attorneys or judge
advocates general, regarding special education.
(2) Casework, relating to special education, of such
civilian attorneys and judge advocates general.
(3) Information on how such legal services tie in to
broader EFMP support under the Individuals with Disabilities
Education Act (Public Law 91-230), including the geographic
support model.
(4) Other matters regarding such legal services that the
Secretary of Defense determines appropriate.
(5) Costs of such elements described in paragraphs (1)
through (4).
(c) Definitions.--In this section:
(1) The term ``EFMP'' means the Exceptional Family Member
Program.
(2) The terms ``child with a disability'', ``free
appropriate public education'', and ``special education''
have the meanings given those terms in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C. 1401).
SEC. 569B. GAO REVIEW OF PRESERVATION OF THE FORCE AND FAMILY
PROGRAM OF UNITED STATES SPECIAL OPERATIONS
COMMAND: BRIEFING; REPORT.
(a) Review.--The Comptroller General of the United States
shall conduct a review of POTFF. Such review shall include
the following:
(1) With regards to current programs and activities of
POTFF, an assessment of the sufficiency of the following
domains:
(A) Human performance.
(B) Psychological and behavioral health.
(C) Social and family readiness.
(D) Spiritual.
(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.
(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.
(8) Any other matter the Comptroller General determines
appropriate.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General shall brief
the appropriate committees on the preliminary findings of the
Comptroller General under such review.
(c) Report.--The Comptroller General shall submit to the
appropriate committees a final report on such review at a
date mutually agreed upon by the Comptroller General and the
appropriate committees.
(d) Definitions.--In this section:
(1) The term ``appropriate committees'' means the
Committees on Armed Services of the Senate and House of
Representatives.
[[Page H6994]]
(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.
Subtitle H--Diversity and Inclusion
SEC. 571. REDUCTION OF GENDER-RELATED INEQUITIES IN COSTS OF
UNIFORMS TO MEMBERS OF THE ARMED FORCES.
(a) Establishment of Criteria.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense, acting through the Under Secretary of Defense for
Personnel and Readiness and in coordination with the
Secretaries of the military departments, shall establish
criteria, consistent across the Armed Forces, for determining
which uniform or clothing items across the Armed Forces are
considered uniquely military for purposes of calculating the
standard cash clothing replacement allowances, in part to
reduce differences in out-of pocket costs incurred by
enlisted members of the Armed Forces across the military
services and by gender within an Armed Force.
(b) Reviews.--
(1) Quinquennial review.--The Under Secretary shall review
the criteria established under subsection (a) every five
years after such establishment and recommend to the
Secretaries of the military departments adjustments to
clothing allowances for enlisted members if such allowances
are insufficient to pay for uniquely military items
determined pursuant to such criteria.
(2) Periodic reviews.--The Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, and in coordination with the Secretaries of the
military departments, shall periodically review--
(A) all uniform clothing plans of each Armed Force under
the jurisdiction of the Secretary of a military department to
identify data needed to facilitate cost discussions and make
recommendations described in paragraph (1);
(B) not less than once every five years, calculations of
each Armed Force for standard clothing replacement allowances
for enlisted members, in order to develop a standard by which
to identify differences described in subsection (a);
(C) not less than once every 10 years, initial clothing
allowances for officers, in order to identify data necessary
to facilitate cost discussions and make recommendations
described in paragraph (1); and
(D) all plans of each Armed Force under the jurisdiction of
the Secretary of a military department for changing uniform
items to determine if such planned changes will result in
differences described in subsection (a).
(c) Regulations.--Not later than September 30, 2022, each
Secretary of a military department shall prescribe
regulations that ensure the following:
(1) The out-of-pocket cost to an officer or enlisted member
of an Armed Force for a mandatory uniform item (or part of
such uniform) may not exceed such cost to another officer or
enlisted member of that Armed Force for such uniform (or
part, or equivalent part, of such uniform) solely based on
gender.
(2) If a change to a uniform of an Armed Force affects only
enlisted members of one gender, an enlisted member of such
gender in such Armed Force shall be entitled to an allowance
equal to the out-of-pocket cost to the officer or enlisted
member relating to such change.
(3) An individual who has separated or retired, or been
discharged or dismissed, from the Armed Forces, shall not
entitled to an allowance under paragraph (2).
(d) Report.--Not later than December 31, 2022, the
Secretary of Defense, in coordination with the Secretaries of
the military departments, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report on--
(1) the estimated production costs and average retail
prices of military clothing items for members (including
officers and enlisted members) of each Armed Force; and
(2) a comparison of costs for male and female military
clothing items for members of each Armed Force.
SEC. 572. STUDY ON NUMBER OF MEMBERS OF THE ARMED FORCES WHO
IDENTIFY AS HISPANIC OR LATINO.
The Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development
center to conduct a study of the following:
(1) The number of members of the regular components of the
Armed Forces (including cadets and midshipmen at the military
service academies) who identify as Hispanic or Latino,
separated by rank.
(2) A comparison of the percentage of the members described
in paragraph (1) with the percentage of the population of the
United States who are eligible to enlist or commission in the
Armed Forces who identify as Hispanic or Latino.
(3) A comparison of how each of the Armed Forces recruits
individuals who identify as Hispanic or Latino.
(4) A comparison of how each of the Armed Forces retains
both officer and enlisted members who identify as Hispanic or
Latino.
(5) A comparison of how each of the Armed Forces promotes
both officer and enlisted members who identify as Hispanic or
Latino.
SEC. 573. INCLUSION OF MILITARY SERVICE ACADEMIES, OFFICER
CANDIDATE AND TRAINING SCHOOLS, AND THE SENIOR
RESERVE OFFICERS' TRAINING CORPS DATA IN
DIVERSITY AND INCLUSION REPORTING.
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, the Officer
Candidate and Training Schools, and the Senior Reserve
Officers' Training Corps programs of such department''; and
(2) in subsection (m)--
(A) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) The number of graduates of the Senior Reserve
Officers' Training Corps during the fiscal year covered by
the report, disaggregated by gender, race, and ethnicity, for
each military department.''.
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''.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
SEC. 581. MODIFIED DEADLINE FOR ESTABLISHMENT OF SPECIAL
PURPOSE ADJUNCT TO ARMED SERVICES VOCATIONAL
APTITUDE BATTERY TEST.
Section 594 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by striking ``Not later than one year
after the date of the enactment of this Act'' and inserting
``Not later than October 1, 2024''.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Medal of Honor to Charles R. Johnson for Acts of Valor
During the Korean War.--
(1) 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 award the Medal of Honor under section 7271 of
such title to Charles R. Johnson for the acts of valor
described in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Charles R. Johnson on
June 11 and 12, 1953, as a member of the Army serving in
Korea, for which he was awarded the Silver Star.
(b) Medal of Honor to Wataru Nakamura for Acts of Valor
During the Korean War.--
(1) 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 award the Medal of Honor under section 7271 of
such title to Wataru Nakamura for the acts of valor described
in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Wataru Nakamura on May
18, 1951, as a member of the Army serving in Korea, for which
he was awarded the Distinguished-Service Cross.
(c) Medal of Honor to Bruno R. Orig for Acts of Valor
During the Korean War.--
(1) 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 award the Medal of Honor under section 7271 of
such title to Bruno R. Orig for the acts of valor described
in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Bruno R. Orig on
Februray 15, 1951, as a member of the Army serving in Korea,
for which he was awarded the Distinguished-Service Cross.
(d) Medal of Honor to Dennis M. Fujii for Acts of Valor
During the Vietnam War.--
(1) 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 award the Medal of Honor under section 7271 of
such title to Dennis M. Fujii for the acts of valor described
in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Dennis M. Fujii on
February 18 through 22, 1971, as a member of the Army serving
in the Republic of Vietnam, for which he was awarded the
Distinguished-Service Cross.
(e) Medal of Honor to Edward N. Kaneshiro, for Acts of
Valor During the Vietnam War.--
(1) 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 award the Medal of Honor under section 7271 of
such title to Edward N. Kaneshiro for the acts of valor
described in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Edward N. Kaneshiro on
December 1, 1966, as a member of the Army serving in Vietnam,
for which he was awarded the Distinguished-Service Cross.
(f) Distinguished-Service Cross to Earl R. Fillmore, Jr.
for Acts of Valor in Somalia.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title
[[Page H6995]]
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 award the
Distinguished-Service Cross under section 7272 of such title
to Earl R. Fillmore, Jr. for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Earl R. Fillmore, Jr. on
October 3, 1993, as a member of the Army serving in Somalia,
for which he was awarded the Silver Star.
(g) Distinguished-Service Cross to Robert L. Mabry for Acts
of Valor in Somalia.--
(1) 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 award the Distinguished-Service Cross under
section 7272 of such title to Robert L. Mabry for the acts of
valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Robert L. Mabry on
October 3 and 4, 1993, as a member of the Army serving in
Somalia, for which he was awarded the Silver Star.
(h) Distinguished-Service Cross to John G. Macejunas for
Acts of Valor in Somalia.--
(1) 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 award the Distinguished-Service Cross under
section 7272 of such title to John G. Macejunas for the acts
of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of John G. Macejunas on
October 3 and 4, 1993, as a member of the Army serving in
Somalia, for which he was awarded the Silver Star.
(i) Distinguished-Service Cross to William F. Thetford for
Acts of Valor in Somalia.--
(1) 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 award the Distinguished-Service Cross under
section 7272 of such title to William F. Thetford for the
acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of William F. Thetford on
October 3 and 4, 1993, as a member of the Army serving in
Somalia, for which he was awarded the Silver Star.
SEC. 583. ESTABLISHMENT OF THE ATOMIC VETERANS COMMEMORATIVE
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 Commemorative Service
Medal'', to commemorate the service and sacrifice of veterans
who were instrumental in the development of our nations
atomic and nuclear weapons programs.
(b) Eligibility Requirements.--(1) The Secretary of Defense
shall, within 180 days after the date of enactment of this
Act, determine eligibility requirements for this medal.
(2) Sixty days prior to publishing the eligibility
requirements for this medal, the Secretary of Defense shall
submit proposed eligibility criteria under paragraph (1) to
the Committees on Armed Services of the Senate and House of
Representatives for comment.
(3) The Secretary of Defense may require persons to submit
supporting documentation for the medal authorized in
subsection (a) to determine eligibility under paragraph (1).
(c) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of an eligible veteran, the Secretary of Defense shall issue
the Atomic Veterans Commemorative Service Medal to the
eligible veteran.
(2) Issuance to next-of-kin.--In the case of a veteran who
is deceased, the Secretary may provide for issuance of the
Atomic Veterans Commemorative Service Medal to the next-of-
kin of the persons. If applications for a medal are filed by
more than one next of kin of a person eligible to receive a
medal under this section, the Secretary of Defense shall
determine which next-of-kin will receive the medal.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which veterans
and their next-of-kin may apply to receive the Atomic
Veterans Service Medal.
(d) Authorization of Appropriations.--There is authorized
to be appropriated such sum as may be necessary to carry out
this section.
SEC. 584. 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 provide an updated bronze plaque, described in
subparagraph (A), including 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 the Secretary determines necessary.
(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 the Secretary determines necessary.
(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 (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.
SEC. 585. REPORTS ON SECURITY FORCE PERSONNEL PERFORMING
PROTECTION LEVEL ONE DUTIES.
(a) In General.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on
the status of security force personnel performing protection
level one (PL-1) duties--
(1) not later than 90 days after the date of the enactment
of this Act; and
(2) concurrent with the submission to Congress of the
budget of the President for each of fiscal years 2023 through
2027 pursuant to section 1105(a) of title 31, United States
Code.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) The number of Air Force personnel performing, and the
number of unfilled billets designated for performance of, PL-
1 duties on a full-time basis during the most recent fiscal
year that ended before submission of the report.
(2) The number of such personnel disaggregated by mission
assignment during that fiscal year.
(3) The number of such personnel and unfilled billets at
each major PL-1 installation during that fiscal year and a
description of the rank structure of such personnel.
(4) A statement of the time, by rank structure, such
personnel were typically assigned to perform PL-1 duties at
each major PL-1 installation during that fiscal year.
(5) The retention rate for security personnel performing
such duties during that fiscal year.
(6) The number of Air Force PL-1 security force members
deployed to support another Air Force mission or a joint
mission with another military department during that fiscal
year.
(7) A description of the type of training for security
personnel performing PL-1 duties during that fiscal year.
(8) An assessment of the status of replacing the existing
fleet of high mobility multipurpose wheeled vehicles (HMMWV)
and BearCat armored vehicles, by PL-1 installation.
(9) Such other matters as the Secretary considers
appropriate relating to security force personnel performing
PL-1 duties during the period of five fiscal years after
submission of the report.
SEC. 586. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.
(a) Study.--The Comptroller General of the United States
shall evaluate the tattoo policies of each Armed Force,
including--
(1) the effects of such policies on recruitment, retention,
reenlistment of members of the Armed Forces; and
(2) processes for waivers to such policies to recruit,
retain, or reenlist members who have unauthorized tattoos.
(b) Briefing.--Not later than March 31, 2022, the
Comptroller General shall brief the Committees on Armed
Services of the Senate and House of Representatives on
preliminary findings of such evaluation.
(c) Report.--Not later than July 1, 2022, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report containing
the final results of such evaluation.
SEC. 587. BRIEFING REGARDING BEST PRACTICES FOR COMMUNITY
ENGAGEMENT IN HAWAII.
(a) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, the Assistant Secretary of
Defense and the Secretaries of the military departments shall
jointly submit to Congress a briefing on best practices for
coordinating relations with State and local governmental
entities in the State of Hawaii.
(b) Best Practices.--The best practices referred to in
subsection (a) shall address each of the following issues:
(1) Identify comparable locations with joint base military
installations or of other densely populated metropolitan
areas with multiple military installations and summarize
lessons learns from any similar efforts to engage with the
community and public officials.
(2) Identify all the major community engagement efforts by
the services, commands, installations and other military
organizations in the State of Hawaii.
(3) Evaluate the current community outreach efforts to
identify any outreach gaps or coordination challenges that
undermine the military engagement with the local community
and elected official in the State of Hawaii.
(4) Propose options available to create an enhanced,
coordinated community engagement effort in the State of
Hawaii based on the department's evaluation.
(5) Resources to support the coordination described in this
subsection, including the creation
[[Page H6996]]
of joint liaison offices that are easily accessible to public
officials to facilitate coordinating relations with State and
local governmental agencies.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Basic needs allowance for members on active service in the
Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.
Sec. 605. Requirements in connection with suspension of retired pay and
retirement annuities.
Sec. 606. Report on relationship between basic allowance for housing
and sizes of military families.
Sec. 607. Report on certain moving expenses for members of the Armed
Forces.
Sec. 608. Report on temporary lodging expenses in competitive housing
markets.
Sec. 609. Report on rental partnership programs.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Extension of paid parental leave.
Sec. 622. Bereavement leave for members of the Armed Forces.
Sec. 623. Travel and transportation allowances for family members to
attend the funeral and memorial services of members.
Sec. 624. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home child care.
Sec. 625. Pilot program on direct hire authority for spouses of members
of the uniformed services at locations outside the United
States.
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. Alexander Lofgren Veterans in Parks program.
Subtitle A--Pay and Allowances
SEC. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE
IN THE ARMED FORCES.
(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 members on active
service in the Armed Forces
``(a) Allowance Required.--The Secretary concerned shall
pay to each member who is eligible under subsection (b) a
basic needs allowance in the amount determined for such
member under subsection (c).
``(b) Eligible Members.--A member on active service in the
armed forces is eligible for the allowance under subsection
(a) if--
``(1) the member has completed initial entry training;
``(2) the gross household income of the member during the
most recent calendar 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 of
the member and the number of individuals in the household of
the member for such year; and
``(3) the member--
``(A) is not ineligible for the allowance under subsection
(d); and
``(B) does not elect under subsection (g) not to receive
the allowance.
``(c) Amount of Allowance.--The amount of the monthly
allowance payable to a member under subsection (a) shall be
the amount equal to--
``(1)(A) 130 percent of the Federal poverty guidelines of
the Department of Health and Human Services for the calendar
year during which the allowance is paid based on the location
of the member and the number of individuals in the household
of the member during the month for which the allowance is
paid; minus
``(B) the gross household income of the member during the
preceding calendar year; divided by
``(2) 12.
``(d) Bases of Ineligibility.--
``(1) In general.--The following members are ineligible for
the allowance under subsection (a):
``(A) A member who does not have any dependents.
``(B) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy,
a midshipman at the United States Naval Academy, or a cadet
or midshipman serving elsewhere in the armed forces.
``(2) Household with more than one eligible member.--In the
event a household contains two or more members determined
under subsection (f) to be eligible to receive the allowance
under subsection (a), only one allowance may be paid to a
member among such members as such members shall jointly
elect.
``(3) Automatic ineligibility of members receiving certain
pay increases.--A member determined to be eligible under
subsection (f) for the allowance under subsection (a) whose
monthly gross household income increases as a result of a
promotion or other permanent increase to pay or allowances
under this title to an amount that, on an annualized basis,
would exceed the amount described in subsection (b)(2) is
ineligible for the allowance. If such member is receiving the
allowance, payment of the allowance shall automatically
terminate within a reasonable time, as determined by the
Secretary of Defense in regulations prescribed under
subsection (j).
``(4) Ineligibility of certain changes in income.--A member
whose gross household income for the preceding year decreases
because of a fine, forfeiture, or reduction in rank imposed
as a part of disciplinary action or an action under chapter
47 of title 10 (the Uniform Code of Military Justice) is not
eligible for the allowance under subsection (a) solely as a
result of the fine, forfeiture, or reduction in rank.
``(e) Application by Members Seeking Allowance.--
``(1) In general.--A member who seeks to receive the
allowance under subsection (a) shall submit to the Secretary
concerned an application for the allowance that includes such
information as the Secretary may require in order to
determine whether or not the member is eligible to receive
the allowance.
``(2) Timing of submission.--A member who receives the
allowance under subsection (a) and seeks to continue to
receive the allowance shall submit to the Secretary concerned
an updated application under paragraph (1) at such times as
the Secretary may require, but not less frequently than
annually.
``(3) Voluntary submission.--The submission of an
application under paragraph (1) is voluntary.
``(4) Screening of members for eligibility.--The Secretary
of Defense shall--
``(A) ensure that all members of the armed forces are
screened during initial entry training and regularly
thereafter for eligibility for the allowance under subsection
(a); and
``(B) notify any member so screened who may be eligible
that the member may apply for the allowance by submitting an
application under paragraph (1).
``(f) Determinations of Eligibility.--
``(1) In general.--The Secretary concerned shall--
``(A) determine which members of the armed forces are
eligible under subsection (b); and
``(B) notify each such member, in writing, of that
determination.
``(2) Information included in notice.--The notice under
paragraph (1) shall include information regarding financial
management and assistance programs for which the member may
be eligible.
``(g) Election Not to Receive Allowance.--
``(1) In general.--A member determined under subsection (f)
to be eligible for the allowance under subsection (a) may
elect, in writing, not to receive the allowance.
``(2) Deemed ineligible.--A member who does not submit an
application under subsection (e) within a reasonable time (as
determined by the Secretary concerned) shall be deemed
ineligible for the allowance under subsection (a).
``(h) Special Rule for Members Stationed Outside United
States.--In the case of a member assigned to a duty location
outside the United States, the Secretary concerned shall make
the calculations described in subsections (b)(2) and (c)(1)
using the Federal poverty guidelines of the Department of
Health and Human Services for the continental United States.
``(i) Regulations.--Not later than one year after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2022, the Secretary of Defense shall
prescribe regulations for the administration of this section.
``(j) Effective Period.--
``(1) Implementation period.--The allowance under
subsection (a) is payable for months beginning on or after
the date that is one year after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2022.
``(2) Termination.--The allowance under subsection (a) may
not be paid for any month beginning after December 31, 2027.
``(k) Definitions.--In this section:
``(1) Gross household income.--The term `gross household
income', with respect to a member of the armed forces,
includes--
``(A) all household income, derived from any source; minus
``(B) in the case of a member whom the Secretary concerned
determines resides in an area with a high cost of living, any
portion of the basic allowance for housing under section 403
of this title that the Secretary concerned elects to exclude.
``(2) Household.--The term `household' means a member of
the armed forces and any dependents of the member enrolled in
the Defense Enrollment Eligibility Reporting System,
regardless of the location of those dependents.''.
(b) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on food insecurity in the Armed Forces. Results of such
study shall include the following elements:
(A) An analysis of food deserts that affect members of the
Armed Forces, and their families, who live in areas with high
costs of living.
(B) A comparison of--
(i) the current method employed by the Secretary of Defense
to determine areas with high costs of living;
(ii) local level indicators used by the Bureau of Labor
Statistics that indicate buying power and consumer spending
in specific geographic areas;
(iii) indicators used by the Department of Agriculture in
market basket analyses and other measures of local and
regional food costs.
(C) The feasibility of implementing a web portal for a
member of any Armed Force to apply for the allowance under
section 402b of title 37,
[[Page H6997]]
United States Code, added by subsection (a), including--
(i) cost;
(ii) ease of use;
(iii) access;
(iv) privacy; and
(v) any other factor the Secretary determines appropriate.
(D) The development of a process to determine an
appropriate allowance to supplement the income of members who
suffer food insecurity.
(E) Outcomes of forums with beneficiaries, military service
organizations, and advocacy groups to elicit information
regarding the effects of food insecurity on members and their
dependents. The Secretary of Defense and each Secretary of a
military department shall conduct at least one such forum,
only one of which may be conducted in the National Capital
Region.
(F) An estimate of costs to implement each recommendation
of the Secretary developed pursuant to this paragraph.
(G) Any other information the Secretary determines
appropriate.
(2) Briefing.--Not later than April 1, 2022, the Secretary
shall brief the Committees on Armed Services of the Senate
and House of Representatives on initial findings of the
study.
(3) Report.--Not later than October 1, 2022, the Secretary
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the
final results of the study.
(4) Definitions.--In this subsection:
(A) The term ``food desert'' means an area, determined by
the Secretary of Defense, where it is difficult to obtain
affordable or high-quality fresh food.
(B) The term ``National Capital Region'' has the meaning
given such term in section 2674 of title 10, United States
Code.
(c) Reports on Effects of Allowance on Food Insecurity.--
Not later than December 31, 2025, and June 1, 2028, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the effect of the
allowance under section 402b of title 37, United States Code,
added by subsection (a), on food insecurity among members of
the Armed Forces.
(d) 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 members on active service in the
Armed Forces.''.
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 of the Senate and House of Representatives a report
containing--
(1) the plan of the Secretary to implement section 357 of
such title, as added by subsection (a);
(2) an estimate of the costs of such implementation;
(3) the number of members described in such section; and
(4) any other matter the Secretary determines relevant.
(d) Implementation Date.--The Secretary may not implement
section 357 of such title, as added by subsection (a) until
after--
(1) submission of the report under subsection (b); and
(2) the Secretary determines and certifies in writing to
the Committees on Armed Services of the Senate and House of
Representatives that such implementation shall not have a
detrimental effect on the force structure of an Armed Force
concerned, including with regard to recruiting or retention
of members in the regular component of such Armed Force.
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 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)(20) shall be
subject to the following terms and conditions:
``(1) The member of the uniformed services 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.''.
(e) Technical Correction.--Section 2784a(a)(3) of title 10,
United States Code, is amended by striking ``section 474''
and inserting ``section 452''.
SEC. 604. REPEAL OF EXPIRING TRAVEL AND TRANSPORTATION
AUTHORITIES.
(a) In General.--Effective December 31, 2021, subchapter
III of chapter 8 of title 37, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 8 of such title is amended by striking
the items relating to subchapter III and sections 471 through
495.
SEC. 605. REQUIREMENTS IN CONNECTION WITH SUSPENSION OF
RETIRED PAY AND RETIREMENT ANNUITIES.
(a) Annual Eligibility Determination Procedures.--Not later
than 180 days after the
[[Page H6998]]
date of the enactment of this Act, the Secretary of Defense
shall prescribe in regulations a single annual eligibility
determination procedure for determinations of eligibility for
military retired or retainer pay and survivor annuities in
connection with military service as a replacement of the
current procedures in connection with the Certificate of
Eligibility and Report of Existence for military retirees and
annuitants.
(b) 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 a process by which
notifications of the death of a military retiree or annuitant
may be determined with respect to the termination of
eligibility for benefits.
SEC. 606. REPORT ON RELATIONSHIP BETWEEN BASIC ALLOWANCE FOR
HOUSING AND SIZES OF MILITARY FAMILIES.
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 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 rank and military housing
area.
SEC. 607. REPORT ON CERTAIN MOVING EXPENSES FOR MEMBERS OF
THE ARMED FORCES.
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 moving expenses incurred by
members of the Armed Forces and their families that exceed
such expenses covered by the Joint Travel Regulations for the
Uniformed Services, disaggregated by Armed Force, rank, and
military housing area. In such report, the Secretary shall
examine the root causes of such expenses.
SEC. 608. REPORT ON TEMPORARY LODGING EXPENSES IN COMPETITIVE
HOUSING MARKETS.
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 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. 609. REPORT ON RENTAL PARTNERSHIP PROGRAMS.
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 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.
Subtitle B--Bonus 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. EXTENSION OF PAID PARENTAL LEAVE.
(a) In General.--Section 701 of title 10, United States
Code, is amended--
(1) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``a member'' and all
that follows through the period at the end and inserting the
following: ``a member of the armed forces described in
paragraph (2) is allowed up to a total of 12 weeks of
parental leave during the one-year period beginning after the
following events:
``(i) The birth or adoption of a child of the member and in
order to care for such child.
``(ii) The placement of a minor child with the member for
adoption or long-term foster care.''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B)(i) The Secretary concerned, under uniform regulations
to be prescribed by the Secretary of Defense, may authorize
leave described under subparagraph (A) to be taken after the
one-year period described in such paragraph in the case of a
member described in paragraph (2) who, except for this
subparagraph, would lose unused parental leave at the end of
the one-year period described in subparagraph (A) as a result
of--
``(I) operational requirements;
``(II) professional military education obligations; or
``(III) other circumstances that the Secretary determines
reasonable and appropriate.
``(ii) The regulations prescribed under clause (i) shall
require that any leave authorized to be taken after the one-
year period described in subparagraph (A) shall be taken
within a reasonable period of time, as determined by the
Secretary of Defense, after cessation of the circumstances
warranting the extended deadline.'';
(B) by striking paragraphs (3), (8), and (10) and
redesignating paragraphs (4), (5), (6), (7), and (9) as
paragraphs (3), (4), (5), (6), and (7), respectively;
(C) in paragraph (3), as redesignated by subparagraph (B),
by striking the matter preceding the em dash and inserting
``A member who has given birth may receive medical
convalescent leave in conjunction with such birth. Medical
convalescent leave in excess of the leave under paragraph (1)
may be authorized if such additional medical convalescent
leave'';
(D) in paragraph (4), as so redesignated, by striking
``paragraphs (1) and (4)'' and inserting ``paragraphs (1) and
(3)'';
(E) in paragraph (5)(A), as so redesignated, by inserting
``, subject to the exceptions in paragraph (1)(B)(ii)'' after
``shall be forfeited''; and
(F) in paragraph (7)(B), as so redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)'';
(2) by striking subsection (j) and redesignating
subsections (k) and (l) as subsections (j) and (k),
respectively; and
(3) by adding at the end the following new subsection (l):
``(l) 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) Effective Date.--The amendments made by subsection (a)
shall take effect one year after the date of the enactment of
this Act.
(c) Regulations.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations implementing the amendments made by
subsection (a).
(d) Reporting.--Not later than January 1, 2023, and
annually thereafter, each Secretary of a military department
shall submit, to the Committees on Armed Services of the
Senate and House of Representatives, a report regarding the
use, during the preceding fiscal year, of leave under
subsections (i) and (j) of section 701 of such title, as
amended by subsection (a), disaggregated by births,
adoptions, and foster placements, including the number of
members of the Armed Forces who--
(1) used the maximum amount of primary caregiver leave; and
(2) used leave in multiple increments.
SEC. 622. BEREAVEMENT LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(m)(1)(A) Under regulations prescribed by the Secretary
of Defense, a member of the armed forces described in
subparagraph (B) is allowed up to two weeks of leave to be
used in connection with the death of an immediate family
member.
``(B) Subparagraph (A) applies to the following members:
``(A) A member on active duty.
``(B) A member of a reserve component performing active
Guard and Reserve duty.
``(C) A member of a reserve component subject to an active
duty recall or mobilization order in excess of 12 months.
``(2) Under the regulations prescribed for purposes of this
subsection, a member taking leave under paragraph (1) shall
not have his or her leave account reduced as a result of
taking such leave if such member's accrued leave is fewer
than 30 days. Members with 30 or more days of accrued leave
shall be charged for bereavement leave until such point that
the member's accrued leave is less than 30 days. Any
remaining bereavement leave taken by such member in
accordance with paragraph (1) after such point shall not be
chargeable to the member.
[[Page H6999]]
``(3) In this section, the term `immediate family member',
with respect to a member of the armed forces, means--
``(A) the member's spouse; or
``(B) a child of the member.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY
MEMBERS TO ATTEND THE FUNERAL AND MEMORIAL
SERVICES OF MEMBERS.
Section 452(b) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(18) Presence of family members at the funeral and
memorial services of members.''.
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. PILOT PROGRAM ON DIRECT HIRE AUTHORITY FOR SPOUSES
OF MEMBERS OF THE UNIFORMED SERVICES AT
LOCATIONS OUTSIDE THE UNITED STATES.
(a) In General.--The Secretary of Defense may carry out a
pilot program to assess the feasibility and advisability of
using the authority under subsection (b) to hire spouses of
members of the uniformed services at locations outside the
United States.
(b) Authority.--In carrying out the pilot program under
this section, the Secretary may appoint, without regard to
the provisions of subchapter I of chapter 33 of title 5,
United States Code (other than sections 3303 and 3328 of such
chapter), a spouse of a member of the uniformed services
stationed at a duty location outside the United States to a
position described in subsection (c) if--
(1) the spouse has been authorized to accompany the member
to the duty location at Government expense; and
(2) the duty location is within reasonable commuting
distance, as determined by the Secretary concerned, of the
location of the position.
(c) Position Described.--A position described in this
subsection is a competitive service position within the
Department of Defense that is located outside the United
States.
(d) Term of Appointment.--
(1) In general.--An appointment made under this section
shall be for a term not exceeding two years.
(2) Renewal.--The Secretary of Defense may renew an
appointment made under this section for not more than two
additional terms, each not exceeding two years.
(3) Termination.--An appointment made under this section
shall terminate on the date on which the member of the
uniformed services relocates back to the United States in
connection with a permanent change of station.
(e) Payment of Travel and Transportation Allowances.--
Nothing in this section may be construed to authorize
additional travel or transportation allowances in connection
with an appointment made under this section.
(f) Relationship to Other Law.--Nothing in this section may
be construed to interfere with--
(1) the authority of the President under section 3304 of
title 5, United States Code;
(2) the authority of the President under section 1784 of
title 10, United States Code;
(3) the ability of the head of an agency to make
noncompetitive appointments pursuant to section 3330d of
title 5, United States Code; or
(4) any obligation under any applicable treaty, status of
forces agreement, or other international agreement between
the United States Government and the government of the
country in which the position is located.
(g) Reports Required.--
(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 appropriate
committees of Congress a report setting forth the following:
(A) The number of individuals appointed under this section.
(B) The position series and grade to which each individual
described in subparagraph (A) was appointed.
(C) Demographic data on the individuals described in
subparagraph (A), including with respect to race, gender,
age, and education level attained.
(D) Data on the members of the uniformed services whose
spouses have been appointed under this section, including the
rank of each such member.
(E) Such recommendations for legislative or administrative
action as the Secretary considers appropriate relating to
continuing or expanding the pilot program.
(2) Final report.--Not later than December 31, 2026, the
Secretary shall submit to the appropriate committees of
Congress a final report setting forth the information under
paragraph (1).
(h) Termination.--The pilot program under this section
shall terminate on December 31, 2026.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
(2) Secretary concerned.--The term ``Secretary
concerned''--
(A) has the meaning given the term in section 101(a)(9) of
title 10, United States Code; and
(B) includes--
(i) the Secretary of Commerce, with respect to matters
concerning the commissioned officer corps of the National
Oceanic and Atmospheric Administration; and
(ii) the Secretary of Health and Human Services, with
respect to matters concerning the commissioned corps of the
Public Health Service.
(3) Uniformed services.--The term ``uniformed services''
has the meaning given the term in section 101(a)(5) of title
10, United States Code.
(4) United states.--The term ``United States'' has the
meaning given that term in section 101(a)(1) of title 10,
United States Code.
SEC. 626. CASUALTY ASSISTANCE PROGRAM: REFORM; ESTABLISHMENT
OF WORKING GROUP.
(a) Casualty Assistance Reform Working Group.--
(1) Establishment.--Not later than 180 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) Examine the current workflow of casualty affairs
support across the military departments, including
administrative processes and survivor engagements.
(D) Perform a gap analysis and solution document that
clearly identifies and prioritizes critical changes to
modernize and professionalize the casualty experience for
survivors.
(E) 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.
(F) 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.
(G) Recommend improvements to the family notification
process of Arlington National Cemetery.
(H) Explore the redesign of the Days Ahead Binder,
including creating an electronic version.
(I) Consider the expansion of the DD Form 93 to include
more details regarding the last wishes of the deceased
member.
(J) 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 composed of the following:
(A) The Under Secretary of Defense for Personnel and
Readiness, who shall serve as Chair of the Working Group.
(B) At least one person furnished with a gold star lapel
button under section 1126 of title 10, United States Code, by
each Secretary of a military department.
(C) Other members of the Armed Forces or civilian employees
of the Department of Defense, appointed by the Secretary of
Defense, based on knowledge of, and experience with, matters
described in paragraph (2).
(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
one year after the date of the enactment of this Act, the
Secretary of Defense, in coordination with the Secretaries of
the military departments, shall publish an interim rule that
establishes 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:
[[Page H7000]]
``(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. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM.
Section 805 of the Federal Lands Recreation Enhancement Act
(Public Law 108-447; 118 Stat. 3385; 16 U.S.C. 6804) is
amended--
(1) in subsection (a)(4), by striking ``age and disability
discounted'' and inserting ``age discount and lifetime''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Discounted'' and
inserting ``Free and Discounted'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Disability discount'' and
inserting ``Lifetime passes''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Any veteran who provides adequate proof of military
service as determined by the Secretary.
``(C) Any member of a Gold Star Family who meets the
eligibility requirements of section 3.2 of Department of
Defense Instruction 1348.36 (or a successor instruction).'';
and
(C) in paragraph (3)--
(i) in the heading, by striking ``Gold star families parks
pass'' and inserting ``Annual passes''; and
(ii) by striking ``members of'' and all that follows
through the end of the sentence and inserting ``members of
the Armed Forces and their dependents who provide adequate
proof of eligibility for such pass as determined by the
Secretary.''.
TITLE VII--HEALTH CARE PROVISIONS
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Eating disorders treatment for certain members of the Armed
Forces and dependents.
Sec. 702. Addition of preconception and prenatal carrier screening
coverage as benefits under TRICARE program.
Sec. 703. Revisions to TRICARE provider networks.
Sec. 704. Self-initiated referral process for mental health evaluations
of members of the Armed Forces.
Sec. 705. Modifications to pilot program on health care assistance
system.
Sec. 706. Modification of pilot program on receipt of non-generic
prescription maintenance medications under TRICARE
pharmacy benefits program.
Sec. 707. Improvement of postpartum care for members of the Armed
Forces and dependents.
Subtitle B--Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization
requirements.
Sec. 712. Requirement for consultations relating 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. Authority of Secretary of Defense and Secretary of Veterans
Affairs to enter into agreements for planning, design,
and construction of facilities to be operated as shared
medical facilities.
Sec. 715. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 716. Establishment of Department of Defense system to track and
record information on vaccine administration.
Sec. 717. Exemption from required physical examination and mental
health assessment for certain members of the reserve
components.
Sec. 718. Authorization of provision of instruction at Uniformed
Services University of the Health Sciences to certain
Federal employees.
Sec. 719. Removal of requirement for one year of participation in
certain medical and lifestyle incentive programs of the
Department of Defense to receive benefits under such
programs.
Sec. 720. Department of Defense standards for exemptions from mandatory
COVID-19 vaccines.
Sec. 721. Establishment of centers of excellence for enhanced treatment
of ocular injuries.
Sec. 722. Implementation of integrated product for management of
population health across military health system.
Sec. 723. Digital health strategy of Department of Defense.
Sec. 724. Development and update of certain policies relating to
military health system and integrated medical operations.
Sec. 725. Mandatory training on health effects of burn pits.
Sec. 726. Standardization of definitions used by the Department of
Defense for terms related to suicide.
Subtitle C--Reports and Other Matters
Sec. 731. Modifications and reports related to military medical manning
and medical billets.
Sec. 732. Access by United States Government employees and their family
members to certain facilities of Department of Defense
for assessment and treatment of anomalous health
conditions.
Sec. 733. Pilot program on cardiac screening at certain military
service academies.
Sec. 734. Pilot program on assistance for mental health appointment
scheduling at military medical treatment facilities.
Sec. 735. Prohibition on availability of funds for certain research
connected to China.
Sec. 736. Limitation on certain discharges solely on the basis of
failure to obey lawful order to receive COVID-19 vaccine.
Sec. 737. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 738. Independent review of suicide prevention and response at
military installations.
Sec. 739. Feasibility and advisability study on establishment of
aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 740. Study on incidence of breast cancer among members of the
Armed Forces serving on active duty.
Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record
program.
Sec. 742. Comptroller General study on implementation by Department of
Defense of recent statutory requirements to reform the
military health system.
Sec. 743. Study to determine need for a joint fund for Federal
Electronic Health Record Modernization Office.
Sec. 744. Briefing on domestic production of critical active
pharmaceutical ingredients for national security
purposes.
Sec. 745. Briefing on substance abuse in the Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. 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) may include the
following services:
``(A) Outpatient services for in-person or telehealth care,
including partial hospitalization services and intensive
outpatient services.
``(B) Inpatient services, which shall include residential
services only if medically indicated for treatment of a
primary diagnosis of an eating disorder.
``(2) A dependent provided health care services for an
eating disorder under subsection (a)(18) shall be provided
such services without regard to--
``(A) the age of the dependent, except with respect to
residential services under paragraph (1)(B), 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) except as otherwise specified in paragraph (1)(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, United 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.--Chapter 55 of title 10, United States
Code, is amended by--
(A) redesignating section 1090a as section 1090b; and
(B) inserting after section 1090 the following new section:
``Sec. 1090a. Identifying and treating eating disorders.
``(a) Identification, Treatment, and Rehabilitation.--The
Secretary of Defense, and the Secretary of Homeland Security
with respect to
[[Page H7001]]
the Coast Guard when it is not operating as a service in the
Navy, shall prescribe regulations, implement procedures using
each practical and available method, and provide necessary
facilities to identify, treat, and rehabilitate members of
the armed forces who have an eating disorder.
``(b) Facilities Available.--(1) In this section, the term
`necessary facilities' includes facilities that provide the
services specified in section 1079(r)(1) of this title.
``(2) Consistent with section 1079(r)(1)(B) of this title,
residential services shall be provided to a member pursuant
to this section only if the member has a primary diagnosis of
an eating disorder and treatment at such facility is
medically indicated for treatment of that eating disorder.
``(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 1090a and
inserting the following new items:
``1090a. Identifying and treating eating disorders.
``1090b. Commanding officer and supervisor referrals of members for
mental health evaluations.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2022.
SEC. 702. ADDITION OF PRECONCEPTION AND PRENATAL CARRIER
SCREENING COVERAGE AS BENEFITS UNDER TRICARE
PROGRAM.
Section 1079(a) of title 10, United States Code, as amended
by section 701, is further amended by adding at the end the
following new paragraph:
``(19) Preconception and prenatal carrier screening tests
shall be provided to eligible covered beneficiaries, with a
limit per beneficiary of one test per condition per lifetime,
for the following conditions:
``(A) Cystic Fibrosis.
``(B) Spinal Muscular Atrophy.
``(C) Fragile X Syndrome.
``(D) Tay-Sachs Disease.
``(E) Hemoglobinopathies.
``(F) Conditions linked with Ashkenazi Jewish descent.''.
SEC. 703. REVISIONS TO TRICARE PROVIDER NETWORKS.
(a) TRICARE Select.--Section 1075 of title 10, United
States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Authority for Multiple Networks in the Same
Geographic Area.--(1) The Secretary may establish a system of
multiple networks of providers under TRICARE Select in the
same geographic area or areas.
``(2) Under a system established under paragraph (1), the
Secretary may--
``(A) require a covered beneficiary enrolling in TRICARE
Select to enroll in a specific provider network established
pursuant to such system, in which case any provider not in
that specific provider network shall be deemed an out-of-
network provider with respect to the covered beneficiary
(regardless of whether the provider is in a different TRICARE
Select provider network) for purposes of this section or any
other provision of law limiting the coverage or provision of
health care services to those provided by network providers
under the TRICARE program; and
``(B) include beneficiaries covered by subsection
(c)(2).''.
(b) TRICARE Prime.--Section 1097a of such title is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Authority for Multiple Networks in the Same
Geographic Area.--(1) The Secretary may establish a system of
multiple networks of providers under TRICARE Prime in the
same geographic area or areas.
``(2) Under a system established under paragraph (1), the
Secretary may require a covered beneficiary enrolling in
TRICARE Prime to enroll in a specific provider network
established pursuant to such system, in which case any
provider not in that specific provider network shall be
deemed an out-of-network provider with respect to the covered
beneficiary (regardless of whether the provider is in a
different TRICARE Prime provider network) for purposes of
this section or any other provision of law limiting the
coverage or provision of health care services to those
provided by network providers under the TRICARE program.''.
SEC. 704. SELF-INITIATED REFERRAL PROCESS FOR MENTAL HEALTH
EVALUATIONS OF MEMBERS OF THE ARMED FORCES.
Section 1090a of title 10, United States Code, is amended--
(1) in subsection (c), by inserting ``or is required to
make such a referral pursuant to the process described in
subsection (e)(1)(A)'' after ``mental health evaluation'';
(2) by redesignating subsection (e) as subsection (g); and
(3) by inserting after subsection (d) the following new
subsections:
``(e) Self-initiated Referral Process.--(1) The regulations
required by subsection (a) shall, with respect to a member of
the armed forces--
``(A) provide for a self-initiated process that enables the
member to trigger a referral for a mental health evaluation
by requesting such a referral from a commanding officer or
supervisor who is in a grade above E-5;
``(B) ensure the function of the process described in
subparagraph (A) by--
``(i) requiring the commanding officer or supervisor of the
member to refer the member to a mental health provider for a
mental health evaluation as soon as practicable following the
request of the member (including by providing to the mental
health provider the name and contact information of the
member and providing to the member the date, time, and place
of the scheduled mental health evaluation); and
``(ii) ensure the member may request a referral pursuant to
subparagraph (A) on any basis (including on the basis of a
concern relating to fitness for duty, occupational
requirements, safety issues, significant changes in
performance, or behavioral changes that may be attributable
to possible changes in mental status); and
``(C) ensure that the process described in subparagraph
(A)--
``(i) reduces stigma in accordance with subsection (b),
including by treating referrals for mental health evaluations
made pursuant to such process in a manner similar to
referrals for other medical services, to the maximum extent
practicable; and
``(ii) protects the confidentiality of the member to the
maximum extent practicable, in accordance with requirements
for the confidentiality of health information under the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) and applicable privacy laws.
``(2) In making a referral for an evaluation of a member of
the armed forces triggered by a request made pursuant to the
process described in paragraph (1)(A), if the member has made
such a request on the basis of a concern that the member is a
potential or imminent danger to self or others, the
commanding officer or supervisor of the member shall observe
the following principles:
``(A) With respect to safety, if the commander or
supervisor determines the member is exhibiting dangerous
behavior, the first priority of the commander or supervisor
shall be to ensure that precautions are taken to protect the
safety of the member, and others, prior to the arrival of the
member at the location of the evaluation.
``(B) With respect to communication, prior to such arrival,
the commander or supervisor shall communicate to the provider
to which the member is being referred (in a manner and to an
extent consistent with paragraph (1)(C)(ii)), information on
the circumstances and observations that led to--
``(i) the member requesting the referral; and
``(ii) the commander or supervisor making such referral
based on the request.
``(f) Annual Training Requirement.--On an annual basis,
each Secretary concerned shall provide to the members of the
Armed Forces under the jurisdiction of such Secretary a
training on how to recognize personnel who may require mental
health evaluations on the basis of the individual being an
imminent danger to self or others, as demonstrated by the
behavior or apparent mental state of the individual.''.
SEC. 705. 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. 706. MODIFICATION OF PILOT PROGRAM ON RECEIPT OF NON-
GENERIC PRESCRIPTION MAINTENANCE MEDICATIONS
UNDER TRICARE PHARMACY BENEFITS PROGRAM.
Section 706 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in subsection (a)(1), by striking ``may carry out'' and
inserting ``shall carry out'';
(2) in subsection (b), by striking ``March 1, 2021'' and
inserting ``March 1, 2022'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively;
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Reimbursement.--If the Secretary carries out the
pilot program under subsection (a)(1), reimbursement of
retail pharmacies for medication under the pilot program may
not exceed the amount of reimbursement paid to the national
mail-order pharmacy program under section 1074g of title 10,
United States Code, for the same medication, after
consideration of all manufacturer discounts, refunds,
rebates, pharmacy transaction fees, and other costs.''; and
(5) in subsection (f), as redesignated by paragraph (3)--
(A) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) Briefing.--Not later than 90 days after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the implementation of the pilot
program under subsection (a)(1) or on the determination of
the Secretary under subsection (a)(2) that the Secretary is
not permitted to carry out the pilot program.''; and
(B) in paragraph (3)(A), by striking ``March 1, 2024'' and
inserting ``March 1, 2025''.
SEC. 707. IMPROVEMENT OF POSTPARTUM CARE FOR MEMBERS OF THE
ARMED FORCES AND DEPENDENTS.
(a) Clinical Practice Guidelines for Postpartum Care in
Military Medical
[[Page H7002]]
Treatment Facilities.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish clinical practice guidelines for the provision of
postpartum care in military medical treatment facilities.
Such guidelines shall take into account the recommendations
of established professional medical associations and address
the following matters:
(1) Postpartum mental health assessments, including the
appropriate intervals for furnishing such assessments and
screening questions for such assessments (including questions
relating to postpartum anxiety and postpartum depression).
(2) Pelvic health evaluation and treatment, including the
appropriate timing for furnishing a medical evaluation for
pelvic health, considerations for providing consultations for
physical therapy for pelvic health (including pelvic floor
health), and the appropriate use of telehealth services.
(3) Pelvic health rehabilitation services.
(4) Obstetric hemorrhage treatment, including through the
use of pathogen reduced resuscitative products.
(b) Policy on Scheduling of Appointments for Postpartum
Health Care Services.--
(1) Policy required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
establish a policy for the scheduling of appointments for
postpartum health care services in military medical treatment
facilities. In developing the policy, the Secretary shall
consider the extent to which it is appropriate to facilitate
concurrent scheduling of appointments for postpartum care
with appointments for well-baby care.
(2) Pilot program authorized.--The Secretary may carry out
a pilot program in one or more military medical treatment
facilities to evaluate the effect of concurrent scheduling,
to the degree clinically appropriate, of the appointments
specified in paragraph (1).
(c) Policy on Postpartum Physical Fitness Tests and Body
Composition Assessments.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish
a policy, which shall be standardized across each Armed Force
to the extent practicable, for the time periods after giving
birth that a member of the Armed Forces (including the
reserve components) may be excused from, or provided an
alternative to, a physical fitness test or a body composition
assessment.
(d) Briefing.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the implementation of the
requirements under this section.
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 RELATING TO MILITARY
MEDICAL RESEARCH AND DEFENSE HEALTH AGENCY
RESEARCH AND DEVELOPMENT.
(a) Consultations Required.--Section 1073c of title 10,
United States Code, as amended by section 711, is further
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Consultations on Medical Research of Military
Departments.--In establishing the Defense Health Agency
Research and Development pursuant to subsection (e)(1), and
on a basis that is not less frequent than semiannually
thereafter, the Secretary of Defense shall carry out
recurring consultations with each military department
regarding the plans and requirements for military medical
research organizations and activities of the military
department.''.
(b) Requirements for Consultations.--The Secretary of
Defense shall ensure that consultations are carried out under
section 1073c(f) of title 10, United States Code (as added by
subsection (a)), to include 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.
(c) Deadline for Initial Consultations.--Initial
consultations shall be carried out under section 1073c(f) of
title 10, United States Code (as added by subsection (a)),
with each military department by not later than March 1,
2022.
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.
``(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. AUTHORITY OF SECRETARY OF DEFENSE AND SECRETARY OF
VETERANS AFFAIRS TO ENTER INTO AGREEMENTS FOR
PLANNING, DESIGN, AND CONSTRUCTION OF
FACILITIES TO BE OPERATED AS SHARED MEDICAL
FACILITIES.
(a) Authority of Secretary of Defense.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1104 the
following new section:
``Sec. 1104a. Shared medical facilities with Department of
Veterans Affairs
``(a) Agreements.--Secretary of Defense may enter into
agreements with the Secretary of Veterans Affairs for the
planning, design, and construction of facilities to be
operated as shared medical facilities.
``(b) Transfer of Funds by Secretary of Defense.--(1) The
Secretary of Defense may transfer to the Secretary of
Veterans Affairs amounts as follows:
``(A) For the construction of a shared medical facility,
amounts not in excess of the amount authorized under
subsection (a)(2) of section 2805 of this title, if--
``(i) the amount of the share of the Department of Defense
for the estimated cost of the project does not exceed the
amount authorized under such subsection; and
``(ii) the other requirements of such section have been met
with respect to funds identified for transfer.
``(B) For the planning, design, and construction of space
for a shared medical facility, amounts appropriated for the
Defense Health Program.
``(2) The authority to transfer funds under this section is
in addition to any other authority to transfer funds
available to the Secretary of Defense.
``(3) Section 2215 of this title does not apply to a
transfer of funds under this subsection.
``(c) Transfer of Funds to Secretary of Defense.--(1) Any
amount transferred to the Secretary of Defense by the
Secretary of Veterans Affairs for necessary expenses for the
planning, design, and construction of a shared medical
facility, if the amount of the share of the Department of
Defense for the cost of such project does not exceed the
amount specified in section 2805(a)(2) of this title, may be
credited to accounts of the Department of Defense available
for the construction of a shared medical facility.
``(2) Any amount transferred to the Secretary of Defense by
the Secretary of Veterans Affairs for the purpose of the
planning and design of space for a shared medical facility
may be credited to accounts of the Department of Defense
available for such purposes, and may be used for such
purposes.
``(3) Using accounts credited with transfers from the
Secretary of Veterans Affairs under paragraph (1), the
Secretary of Defense may carry out unspecified minor military
construction projects, if the share of the Department of
Defense for the cost of such project does not exceed the
amount specified in section 2805(a)(2) of this title.
``(d) Merger of Amounts Transferred.--Any amount
transferred to the Secretary of Veterans Affairs under
subsection (b) and any amount transferred to the Secretary of
Defense under subsection (c) shall be merged with and
available for the same purposes and the same period as the
appropriation or fund to which transferred.
``(e) Appropriation in Advance.--Amounts may be transferred
pursuant to the authority under this section only to the
extent and in the amounts provided in advance in
appropriations Acts.
``(f) Shared Medical Facility Defined.--In this section,
the term `shared medical facility'--
``(1) means a building or buildings, or a campus, intended
to be used by both the Department of Veterans Affairs and the
Department of Defense for the provision of health care
services,
[[Page H7003]]
whether under the jurisdiction of the Secretary of Veterans
Affairs or the Secretary of Defense, and whether or not
located on a military installation or on real property under
the jurisdiction of the Secretary of Veterans Affairs; and
``(2) includes any necessary building and auxiliary
structure, garage, parking facility, mechanical equipment,
abutting and covered sidewalks, and accommodations for
attending personnel.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1104 the following new
item:
``1104a. Shared medical facilities with Department of Veterans
Affairs.''.
(b) Authority of Secretary of Veterans Affairs.--
(1) In general.--Chapter 81 of title 38, United States
Code, is amended by inserting after section 8111A the
following new section:
``Sec. 8111B. Shared medical facilities with Department of
Defense
``(a) Agreements.--The Secretary of Veterans Affairs may
enter into agreements with the Secretary of Defense for the
planning, design, and construction of facilities to be
operated as shared medical facilities.
``(b) Transfer of Funds by Secretary of Veterans Affairs.--
(1) The Secretary of Veterans Affairs may transfer to the
Department of Defense amounts appropriated to the Department
of Veterans Affairs for `Construction, minor projects' for
use for the planning, design, or construction of a shared
medical facility if the estimated share of the project costs
of the Department of Veterans Affairs does not exceed the
amount specified in section 8104(a)(3)(A) of this title.
``(2) The Secretary of Veterans Affairs may transfer to the
Department of Defense amounts appropriated to the Department
of Veterans Affairs for `Construction, major projects' for
use for the planning, design, or construction of a shared
medical facility if--
``(A) the estimated share of the project costs of the
Department of Veterans Affairs exceeds the amount specified
in section 8104(a)(3)(A) of this title; and
``(B) the other requirements of section 8104 of this title
have been met with respect to amounts identified for
transfer.
``(c) Transfer of Funds to Secretary of Veterans Affairs.--
(1) Any amount transferred to the Secretary of Veterans
Affairs by the Secretary of Defense for necessary expenses
for the planning, design, or construction of a shared medical
facility, if the estimated share of the project costs of the
Department of Veterans Affairs does not exceed the amount
specified in section 8104(a)(3)(A) of this title, may be
credited to the `Construction, minor projects' account of the
Department of Veterans Affairs and used for the necessary
expenses of constructing such shared medical facility.
``(2) Any amount transferred to the Secretary of Veterans
Affairs by the Secretary of Defense for necessary expenses
for the planning, design, or construction of a shared medical
facility, if the estimated share of the project costs of the
Department of Veterans Affairs exceeds the amount specified
in section 8104(a)(3)(A) of this title, may be credited to
the `Construction, major projects' account of the Department
of Veterans Affairs and used for the necessary expenses of
constructing such shared medical facility if the other
requirements of section 8104 of this title have been met with
respect to amounts identified for transfer.
``(d) Merger of Amounts Transferred.--Any amount
transferred to the Secretary of Defense under subsection (b)
and any amount transferred to the Secretary of Veterans
Affairs under subsection (c) shall be merged with and
available for the same purposes and the same period as the
appropriation or fund to which transferred.
``(e) Appropriation in Advance.--Amounts may be transferred
pursuant to the authority under this section only to the
extent and in the amounts provided in advance in
appropriations Acts.
``(f) Shared Medical Facility Defined.--In this section,
the term `shared medical facility'--
``(1) means a building or buildings, or a campus, intended
to be used by both the Department of Veterans Affairs and the
Department of Defense for the provision of health care
services, whether under the jurisdiction of the Secretary of
Veterans Affairs or the Secretary of Defense, and whether or
not located on a military installation or on real property
under the jurisdiction of the Secretary of Veterans Affairs;
and
``(2) includes any necessary building and auxiliary
structure, garage, parking facility, mechanical equipment,
abutting and covered sidewalks, and accommodations for
attending personnel.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 81 of such title is
amended by inserting after the item relating to section 8111A
the following new item:
``8111B. Shared medical facilities with Department of Defense.''.
SEC. 715. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as
most recently amended by section 743 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended by striking ``September
30, 2022'' and inserting ``September 30, 2023''.
SEC. 716. 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) Overall System to Track and Record Vaccine
Information.--(1) The Secretary of Defense, in consultation
with the Director of the Defense Health Agency and 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 by such a member of any vaccine that is
being so administered, including vaccines licensed by the
Food and Drug Administration under section 351 of the Public
Health Service Act (42 U.S.C. 262) and vaccines otherwise
approved or authorized.
``(D) Each refusal by such a member of a vaccine 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).
``(E) Each refusal by such a member of an investigational
new drug or a drug unapproved for its applied use that is
being administered pursuant to a request or requirement of
the Secretary of Defense and with respect to which the
President has granted a waiver of the prior consent
requirement pursuant to section 1107(f)(1) of this title.
``(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;
``(B) any collection, storage, or use of such information
is conducted through means involving such cyber protections
as the Secretary determines necessary to safeguard the
personal information of the member; and
``(C) the system established under such paragraph is
interoperable and compatible with the electronic health
record system known as `MHS GENESIS', or such successor
system.''.
(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'';
(2) in subsection (b), as redesignated by subsection
(a)(1)--
(A) in the heading, by inserting ``From Anthrax Vaccine
Immunization Program'' after ``Exemptions'' ; and
(B) by striking ``Secretary of Defense'' and inserting
``Secretary''; and
(3) in the heading of subsection (c), as redesignated by
subsection (a)(1), by inserting ``to Anthrax Vaccine'' after
``Reactions''.
(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:
[[Page H7004]]
(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. 717. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND
MENTAL HEALTH ASSESSMENT FOR CERTAIN MEMBERS OF
THE RESERVE COMPONENTS.
Section 1145(a)(5) of title 10, United States Code is
amended--
(1) in subparagraph (A), by striking ``The Secretary'' and
inserting ``Except as provided in subparagraph (D), the
Secretary''; and
(2) by adding at the end the following new subparagraph:
``(D) The requirement for a physical examination and mental
health assessment under subparagraph (A) shall not apply with
respect to a member of a reserve component described in
paragraph (2)(B) unless the member is retiring, or being
discharged or dismissed, from the armed forces.''.
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. REMOVAL OF REQUIREMENT FOR ONE YEAR OF
PARTICIPATION IN CERTAIN MEDICAL AND LIFESTYLE
INCENTIVE PROGRAMS OF THE DEPARTMENT OF DEFENSE
TO RECEIVE BENEFITS UNDER SUCH PROGRAMS.
Section 729 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073 note) is
amended--
(1) in subsection (a)(1), by striking ``in the previous
year'';
(2) in subsection (b), by striking ``in the previous
year''; and
(3) in subsection (c), by striking ``in the previous
year''.
SEC. 720. DEPARTMENT OF DEFENSE STANDARDS FOR EXEMPTIONS FROM
MANDATORY COVID-19 VACCINES.
(a) Standards.--The Secretary of Defense shall establish
uniform standards under which covered members may be exempted
from receiving an otherwise mandated COVID-19 vaccine for
administrative, medical, or religious reasons.
(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. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR ENHANCED
TREATMENT OF OCULAR INJURIES.
(a) In General.--Not later than October 1, 2023, the
Secretary of Defense, acting through the Director of the
Defense Health Agency, shall establish within the Defense
Health Agency not fewer than four regional centers of
excellence for the enhanced treatment of--
(1) ocular wounds or injuries; and
(2) vision dysfunction related to traumatic brain injury.
(b) Location of Centers.--Each center of excellence
established under subsection (a) shall be located at a
military medical center that provides graduate medical
education in ophthalmology and related subspecialties and
shall be the primary center for providing specialized medical
services for vision for members of the Armed Forces in the
region in which the center of excellence is located.
(c) Policies for Referral of Beneficiaries.--Not later than
October 1, 2023, the Director of the Defense Health Agency
shall publish on a publicly available internet website of the
Department of Defense policies for the referral of eligible
beneficiaries of the Department to centers of excellence
established under subsection (a) for evaluation and
treatment.
(d) Identification of Medical Personnel Billets and
Staffing.--The Secretary of each military department, in
conjunction with the Joint Staff Surgeon and the Director of
the Defense Health Agency, shall identify specific medical
personnel billets essential for the evaluation and treatment
of ocular sensory injuries and ensure that centers of
excellence established under subsection (a) are staffed with
such personnel at the level required for the enduring medical
support of each such center.
(e) Briefing.--Not later than December 31, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing that--
(1) describes the establishment of each center of
excellence established under subsection (a), to include the
location, capability, and capacity of each such center;
(2) describes the referral policy published by the Defense
Health Agency under subsection (c);
(3) identifies the medical personnel billets identified
under subsection (d); and
(4) provides a plan for the staffing of personnel at such
centers to ensure the enduring medical support of each such
center.
(f) Military Medical Center Defined.--In this section, the
term ``military medical center'' means a medical center
described in section 1073d(b) of title 10, United States
Code.
SEC. 722. 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 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
(3) 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) Considerations in Development.--In developing the
integrated product under subsection (a), the Secretary shall
harmonize such development with any policies of the
Department relating to a digital health strategy (including
the digital health strategy under section 723), coordinate
with improvements to the electronic health record system
specified in subsection (a)(1) to ensure the compatibility
required under such subsection, and consider methods to
improve beneficiary interface.
(c) 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. 723. 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, distributed ledger technologies, 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) Emerging technology to improve the patient experience
in matters relating to medical case management, appointing,
and referrals in both the direct care and purchased care
components of the TRICARE program, as such term is defined in
section 1072 of title 10, United States Code.
(C) Design thinking to improve the delivery of clinical
care and health services.
(D) Advanced clinical decision support systems.
(E) 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.
(F) Wearable devices.
(G) Three-dimensional printing and related technologies.
(H) Data-driven decision making, including through the use
of big data and predictive analytics, in the delivery of
clinical care and health services.
(b) Briefing.--Not later than July 1, 2022, the Secretary
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing 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.
[[Page H7005]]
SEC. 724. 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 an updated bed plan, to include bed space
available through the military health system and through
hospitals participating in the National Disaster Medical
System established pursuant to section 2812 of the Public
Health Service Act (42 U.S.C. 300hh-11);
(C) 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;
(D) 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
(E) 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;
(D) identify the manning levels, equipment and consumables,
and funding levels, required to carry out the updated plan;
and
(E) address airlift capability, medical evacuation
capability, and access to ports of embarkation.
(3) Assessment of biosurveillance and medical research
capabilities.--The Secretary of Defense shall conduct an
assessment of the 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 biosurveillance and medical research
capabilities of the Department.
(E) The current manning levels of the biosurveillance and
medical research entities of the Department, 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).
(F) The current funding levels of such entities, including
a risk assessment as to whether such funding is sufficient to
sustain the manning levels necessary to support missions as
specified in subparagraph (E).
(b) Interim Briefing.--Not later than April 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 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 and
assessment 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 and assessment required under
subsection (a).
SEC. 725. 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. 726. STANDARDIZATION OF DEFINITIONS USED BY THE
DEPARTMENT OF DEFENSE FOR TERMS RELATED TO
SUICIDE.
(a) Standardization of Definitions.--Not later than 120
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) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing 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. MODIFICATIONS AND REPORTS RELATED TO MILITARY
MEDICAL MANNING AND MEDICAL BILLETS.
(a) Military Medical Manning and Medical Billets.--
(1) 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--
(A) 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
(B) 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''.
(2) GAO report on reduction or realignment of military
medical manning and medical billets.--
(A) 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.
(B) Elements.--The report under subparagraph (A) shall
include the following:
(i) 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.
(ii) 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.
(iii) 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.
(b) Assignment of Medical and Dental Personnel of the
Military Departments to Military Medical Treatment
Facilities.--
(1) Deadline for assignment.--The Secretaries of the
military departments shall ensure that the Surgeons General
of the Armed Forces carry out fully the requirements of
section 712(b)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 1073c note) by not later than September 30, 2022.
(2) Additional requirement for walter reed national
military medical center.--
(A) Assignment of military personnel.--For fiscal years
2023 through 2027, except as provided in subparagraph (B),
the Secretary of Defense shall ensure that the Secretaries of
the military departments assign to the Walter Reed National
Military Medical Center sufficient military personnel to meet
not less than 85 percent of the joint table of distribution
in effect for such facility on December 23, 2016.
(B) Exception.--Subparagraph (A) shall not apply to any
fiscal year for which the Secretary of Defense certifies at
the beginning of such fiscal year to the Committees on Armed
Services of the Senate and the House of Representatives
[[Page H7006]]
that notwithstanding the failure to meet the requirement
under such paragraph, the Walter Reed National Military
Medical Center is fully capable of carrying out all
significant activities as the premier medical center of the
military health system.
(3) Reports.--
(A) In general.--Not later than September 30, 2022, each
Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the compliance of the military
department concerned with this subsection. Each such report
shall include--
(i) an accounting of the number of uniformed personnel and
civilian personnel assigned to a military medical treatment
facility as of October 1, 2019; and
(ii) a comparable accounting as of September 30, 2022.
(B) Explanation.--If the number specified in clause (ii) of
subparagraph (A) is less than the number specified in clause
(i) of such subparagraph, the Secretary concerned shall
provide a full explanation for the reduction.
SEC. 732. ACCESS BY UNITED STATES GOVERNMENT EMPLOYEES AND
THEIR FAMILY MEMBERS TO CERTAIN FACILITIES OF
DEPARTMENT OF DEFENSE FOR ASSESSMENT AND
TREATMENT OF ANOMALOUS HEALTH CONDITIONS.
(a) Assessment.--The Secretary of Defense shall provide to
employees of the United States Government and their family
members who the Secretary determines are experiencing
symptoms of certain anomalous health conditions, as defined
by the Secretary for purposes of this section, timely access
for medical assessment, subject to space availability, to the
National Intrepid Center of Excellence, an Intrepid Spirit
Center, or an appropriate military medical treatment
facility, as determined by the Secretary.
(b) Treatment.--With respect to an individual described in
subsection (a) diagnosed with an anomalous health condition
or a related affliction, whether diagnosed under an
assessment under subsection (a) or otherwise, the Secretary
of Defense shall furnish to the individual treatment for the
condition or affliction, subject to space availability, at
the National Intrepid Center of Excellence, an Intrepid
Spirit Center, or an appropriate military medical treatment
facility, as determined by the Secretary.
(c) Development of Process.--The Secretary of Defense, in
consultation with the heads of such Federal agencies as the
Secretary considers appropriate, shall develop a process to
ensure that employees from those agencies and their family
members are afforded timely access to the National Intrepid
Center of Excellence, an Intrepid Spirit Center, or an
appropriate military medical treatment facility pursuant to
subsection (a) by not later than 60 days after the date of
the enactment of this Act.
(d) Modification of Department of Defense Trauma
Registry.--The Secretary of Defense shall modify the Trauma
Registry of the Department of Defense to include data on the
demographics, condition-producing event, diagnosis and
treatment, and outcomes of anomalous health conditions
experienced by employees of the United States Government and
their family members assessed or treated under this section,
subject to an agreement by the employing agency and the
consent of the employee.
SEC. 733. 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 individuals who have been admitted 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 individuals who have been admitted 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) Furnishing of Electrocardiograms.--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 or by
medical personnel within the military health system.
(d) Briefing.--Not later than 180 days after the date on
which the pilot program under subsection (a) terminates, the
Secretary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the pilot program. Such briefing shall include the following:
(1) The results of all electrocardiograms furnished to
individuals 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 individuals, 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 United States Coast Guard Academy or the
United States Merchant Marine Academy.
SEC. 734. PILOT PROGRAM ON ASSISTANCE FOR MENTAL HEALTH
APPOINTMENT SCHEDULING AT MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
commence a pilot program, to be carried out for at least a
one-year period, to provide direct assistance for mental
health appointment scheduling under the direct care and
purchased care components of the TRICARE program, through
facilities and clinics selected by the Secretary for
participation in the pilot program in a number determined by
the Secretary.
(b) Briefings.--
(1) First briefing.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall provide to
the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the nature of
the pilot program under subsection (a).
(2) Final briefing.--Not later than 90 days after the date
on which the pilot program under subsection (a) terminates,
the Secretary shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on the pilot program. Such briefing shall include an
assessment of--
(A) the effectiveness of the pilot program with respect to
improved access to mental health appointments; and
(B) 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) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such term in
section 1072 of title 10, United States Code.
SEC. 735. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN
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 to fund any work to be performed by
EcoHealth Alliance, Inc. in China on research supported by
the government of China.
(b) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) if the Secretary--
(1) determines that the waiver is in the national security
interests of the 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. 736. LIMITATION ON CERTAIN DISCHARGES SOLELY ON THE
BASIS OF FAILURE TO OBEY LAWFUL ORDER TO
RECEIVE COVID-19 VACCINE.
(a) Limitation.--During the period of time beginning on
August 24, 2021, and ending on the date that is two years
after the date of the enactment of this Act, any
administrative discharge of a covered member, on the sole
basis that the covered member failed to obey a lawful order
to receive a vaccine for COVID-19, shall be--
(1) an honorable discharge; or
(2) a general discharge under honorable conditions.
(b) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments''
have the meanings given such terms in section 101 of title
10, United States Code.
(2) The term ``covered member'' means a member of an Armed
Force under the jurisdiction of the Secretary of a military
department.
SEC. 737. 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 all methods used to assist in the
assessment of domains related to autism spectrum disorder,
including a determination as to whether the Secretary is
applying such methods 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
[[Page H7007]]
applied behavior analysis services under the demonstration
program, including a review of the effects of such adherence
with respect to dose-response or health outcomes for an
individual who has received such services.
(D) A review of the 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 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. 738. 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
(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.--
(1) In general.--The Secretary shall select, for review by
the committee established under subsection (a), at least one
military installation under the jurisdiction of each military
department.
(2) Inclusion of remote installation.--The Secretary shall
ensure that, of the total military installations selected for
review under paragraph (1), at least one such installation 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
(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) Report to secretary.--Not later than 270 days after the
date of 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
date of 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).
(g) Termination.--The committee established under
subsection (a) shall terminate on a date designated by the
Secretary as the date on which the work of the committee has
been completed.
(h) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
committee established under subsection (a).
SEC. 739. 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 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) Briefing.--Not later than April 1, 2022, the Secretary
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the
findings of the feasibility and advisability study under
subsection (a), including with respect to each element
specified in subsection (b).
SEC. 740. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS
OF THE ARMED FORCES SERVING ON ACTIVE DUTY.
(a) Study.--The Secretary of Defense shall conduct a study
on the incidence of breast cancer among members of the Armed
Forces serving on active duty.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) A determination of the number of members of the Armed
Forces who served on active duty at any time during the
period beginning on January 1, 2011, and ending on the date
of the enactment of this Act who were diagnosed with breast
cancer during such period.
(2) A determination of demographic information regarding
such members, including race, ethnicity, sex, age, military
occupational specialty, and rank.
(3) A comparison of the rates of members of the Armed
Forces serving on active duty who have breast cancer to
civilian populations with comparable demographic
characteristics.
(4) An identification of potential factors associated with
service in the Armed Forces that could increase the risk of
breast cancer for members of the Armed Forces serving on
active duty.
(5) To the extent the data are available, an identification
of overseas locations associated with airborne hazards, such
as burn pits, and members of the Armed Forces diagnosed with
breast cancer who served on active duty in such locations.
(6) An assessment of the effectiveness of outreach by the
Department of Defense to members of the Armed Forces to
identify risks of, prevent, detect, and treat breast cancer.
(7) An assessment of the feasibility and advisability of
changing the current mammography screening policy of the
Department to incorporate all members of the Armed Forces who
deployed overseas to an area associated with airborne
hazards, such as burn pits.
(8) An assessment of the feasibility and advisability of
conducting digital breast tomosynthesis at facilities of the
Department that provide mammography services.
(9) Such recommendations as the Secretary may have for
changes to policy or law that could improve the prevention,
early detection, awareness, and treatment of breast cancer
among members of the Armed Forces serving on active duty,
including any additional resources needed.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the findings and
recommendations of the study under subsection (a), including
a description of any further unique military research needed
with respect to breast cancer.
SEC. 741. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL
EXPOSURE RECORD PROGRAM.
(a) Studies and Reports Required.--Not later than December
31, 2023, 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.
[[Page H7008]]
(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).
(d) Definitions.--In this section:
(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. 742. COMPTROLLER GENERAL STUDY ON IMPLEMENTATION BY
DEPARTMENT OF DEFENSE OF RECENT STATUTORY
REQUIREMENTS TO REFORM THE MILITARY HEALTH
SYSTEM.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the implementation by the
Department of Defense of statutory requirements to reform the
military health system contained in a covered Act.
(2) Elements.--The study required by paragraph (1) shall
include the following elements:
(A) A compilation of a list of, and citation for, each
statutory requirement on reform of the military health system
contained in a covered Act.
(B) An assessment of the extent to which such requirement
was implemented, or is currently being implemented.
(C) An evaluation of the actions taken by the Department of
Defense to assess and determine the effectiveness of actions
taken pursuant to such requirement.
(D) Such other matters in connection with the
implementation of such requirement as the Comptroller General
considers appropriate.
(b) Briefing and Report.--
(1) Briefing.--Not later than May 1, 2022, the Comptroller
General shall brief the Committees on Armed Services of the
Senate and the House of Representatives on the status of the
study conducted under subsection (a).
(2) Report.--Not later than May 1, 2023, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
study conducted under subsection (a) that includes the
elements specified in paragraph (2) of such subsection.
(c) Covered Act Defined.--In this section, the term
``covered Act'' means any of the following:
(1) The William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) The National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92).
(3) The John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232).
(4) The National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91).
(5) The National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328).
(6) The National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92).
(7) The Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291).
(8) The National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66).
(9) The National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239).
(10) The National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81).
SEC. 743. STUDY TO DETERMINE NEED FOR A JOINT FUND 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 to
determine--
(1) whether there is a validated need or military
requirement for 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) whether 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,
justify the development of a potential joint fund.
(b) Elements.--The study under subsection (a) shall assess
the following:
(1) Justifications for the development of the joint fund.
(2) The potential resource allocation and funding
commitments for the Department of Defense and Department of
Veterans Affairs with respect to the joint fund.
(3) 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.
(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) An estimated timeline for the potential establishment
of the joint fund.
(6) 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).
(c) Report.--Not later than July 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. 744. BRIEFING ON DOMESTIC PRODUCTION OF CRITICAL ACTIVE
PHARMACEUTICAL INGREDIENTS FOR NATIONAL
SECURITY PURPOSES.
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 capability for the domestic production of
critical active pharmaceutical ingredients and drug products
in finished dosage form for national security purposes. 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 such 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
such a domestic production capability for critical active
pharmaceutical ingredients.
SEC. 745. BRIEFING ON SUBSTANCE ABUSE IN THE ARMED FORCES.
(a) Briefing.--Not later than June 1, 2022, the Under
Secretary of Defense for Personnel and Readiness shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on substance abuse
policy, strategy, and programs within the Department of
Defense.
(b) Elements.--The briefing required under subsection (a)
shall include each of the following elements:
(1) With respect to policy, an overview of the policies of
the Department of Defense and the military departments with
respect to substance abuse, including for covered
beneficiaries, and how each such policy is synchronized,
including any definitions of the term ``substance abuse''.
(2) With respect to background data--
(A) an analysis of the trends in substance abuse across the
active and reserve components
[[Page H7009]]
of the Armed Forces over the preceding 10-year period,
including the types of care (residential, outpatient, or
other), any variation in such trends for demographics or
geographic locations of members who have been deployed, and
any other indicators that the Under Secretary determines may
allow for further understanding of substance abuse programs;
and
(B) an analysis of trends in substance abuse for covered
beneficiaries over the preceding 10-year period, including
any variation in such trends for demographics, geographic
location, or other indicators that the Under Secretary
determines may allow for further understanding of substance
abuse programs.
(3) With respect to strategic communication, an overview of
the strategic communication plan on substance abuse,
including different forms of media and initiatives being
undertaken.
(4) With respect to treatment--
(A) a description of the treatment options available and
prescribed for substance abuse for members of the Armed
Forces and covered beneficiaries, including the different
environments of care, such as hospitals, residential
treatment facilities, outpatient care, and other care as
appropriate;
(B) a description of any non-catchment area care which
resulted in the nonavailability of military medical treatment
facility or military installation capabilities for substance
use disorder treatment and the costs associated with sending
members of the Armed Forces and covered beneficiaries to non-
catchment areas for such treatment;
(C) a description of the synchronization between substance
abuse programs, mental health treatment, and case management,
where appropriate;
(D) a description of how substance abuse treatment clinical
practice guidelines are used and how frequently such
guidelines are updated; and
(E) the metrics and outcomes that are used to determine
whether substance abuse treatments are effective.
(5) The funding lines and the amount of funding the
Secretary of Defense and the Secretary of each of the
military departments have obligated for substance abuse
programs for each of the preceding 10 fiscal years.
(c) Definitions.--In this section:
(1) The term ``catchment area'' means the approximately 40-
mile radius surrounding a military medical treatment facility
or military installation, as the case may be.
(2) The term ``covered beneficiary'' has the meaning given
such term in section 1072 of title 10, United States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Prohibition on acquisition of personal protective equipment
from non-allied foreign nations.
Sec. 803. Authority to acquire innovative commercial products and
commercial services using general solicitation
competitive procedures.
Sec. 804. Modifications to contracts subject to cost or pricing data
certification.
Sec. 805. Two-year extension of Selected Acquisition Report
requirement.
Sec. 806. Annual report on highest and lowest performing acquisition
programs of the Department of Defense.
Sec. 807. Assessment of impediments and incentives to improving the
acquisition of commercial products and commercial
services.
Sec. 808. Briefing on transparency for certain domestic procurement
waivers.
Sec. 809. Report on violations of certain domestic preference laws.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Certain multiyear contracts for acquisition of property:
budget justification materials.
Sec. 812. Extension of demonstration project relating to certain
acquisition personnel management policies and procedures.
Sec. 813. Office of Corrosion Policy and Oversight employee training
requirements.
Sec. 814. Modified condition for prompt contract payment eligibility.
Sec. 815. Modification to procurement of services: data analysis and
requirements validation.
Sec. 816. Limitation on procurement of welded shipboard anchor and
mooring chain for naval vessels.
Sec. 817. Repeal of preference for fixed-price contracts.
Subtitle C--Provisions Relating to Other Transaction Authority
Sec. 821. Modification of other transaction authority for research
projects.
Sec. 822. Modification of prize authority for advanced technology
achievements.
Sec. 823. Pilot program on systems engineering determinations.
Sec. 824. Recommendations on the use of other transaction authority.
Sec. 825. Reporting requirement for certain defense acquisition
activities.
Subtitle D--Provisions Relating to Software and Technology
Sec. 831. Technology protection features activities.
Sec. 832. Modification of enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 833. Pilot program on acquisition practices for emerging
technologies.
Sec. 834. Pilot program to accelerate the procurement and fielding of
innovative technologies.
Sec. 835. Independent study on technical debt in software-intensive
systems.
Sec. 836. Cadre of software development and acquisition experts.
Subtitle E--Provisions Relating to Supply Chain Security
Sec. 841. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 842. Modification to analyses of certain activities for action to
address sourcing and industrial capacity.
Sec. 843. Assuring integrity of overseas fuel supplies.
Sec. 844. Assessment of requirements for certain items to address
supply chain vulnerabilities.
Sec. 845. Department of Defense research and development priorities.
Sec. 846. Report on the Manufacturing Engineering Education Program.
Sec. 847. Plan and report on reduction of reliance on services,
supplies, or materials from covered countries.
Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.
Subtitle F--Industrial Base Matters
Sec. 851. Modifications to printed circuit board acquisition
restrictions.
Sec. 852. Modification of pilot program for development of technology-
enhanced capabilities with partnership intermediaries.
Sec. 853. Additional testing of commercial e-commerce portal models.
Sec. 854. Requirement for industry days and requests for information to
be open to allied defense contractors.
Sec. 855. Employment transparency regarding individuals who perform
work in the People's Republic of China.
Sec. 856. Briefing on compliance with contractor lobbying restrictions.
Sec. 857. Congressional oversight of personnel and contracts of private
security contractors.
Subtitle G--Small Business Matters
Sec. 861. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related dollar threshold.
Sec. 862. Modification to the pilot program for streamlining awards for
innovative technology projects.
Sec. 863. Protests and appeals relating to eligibility of business
concerns.
Sec. 864. Authority for the Office of Hearings and Appeals to decide
appeals relating to qualified HUBZone small business
concerns.
Sec. 865. Report on unfunded priorities of the Small Business
Innovation Research and Small Business Technology
Transfer program.
Sec. 866. Report on Cybersecurity Maturity Model Certification effects
on small business.
Sec. 867. Data on Phase III Small Business Innovation Research and
Small Business Technology Transfer program awards.
Subtitle H--Other Matters
Sec. 871. Mission management pilot program.
Sec. 872. Establishment of mission-oriented pilot programs to close
significant capabilities gaps.
Sec. 873. Independent study on acquisition practices and policies.
Sec. 874. Pilot program to incentivize contracting with employee-owned
businesses.
Sec. 875. Guidance, training, and report on place of performance
contract requirements.
Sec. 876. Notification of certain intergovernmental support agreements.
Sec. 877. Report on requests for equitable adjustment in Department of
the Navy.
Sec. 878. Military standards for armor materials in vehicle
specifications.
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 relevant experts,
including with the acquisition research activities
established under section 2361a of this title, with the
faculty of the Defense Acquisition University to assess and
modify the curriculum of the Defense Acquisition University,
as appropriate, to enhance the capabilities of the Defense
Acquisition University to support educational, training, and
research activities in support of acquisition missions of the
Department of Defense;
``(2) establish a cross-discipline, peer mentoring program
for academic advising and to address critical retention
concerns with respect to the acquisition workforce;
``(3) partner with extramural institutions and military
department functional leadership to offer training and on-
the-job learning support
[[Page H7010]]
to all members of the acquisition workforce addressing
operational challenges that affect procurement
decisionmaking;
``(4) support the partnerships between the Department of
Defense and extramural institutions with missions relating to
the training and continuous development of members of the
acquisition workforce;
``(5) accelerate the adoption, appropriate design and
customization, and use of flexible acquisition practices by
the acquisition workforce by expanding the availability of
training and on-the-job learning and guidance on such
practices and incorporating such training into the curriculum
of the Defense Acquisition University; and
``(6) support and enhance the capabilities of the faculty
of the Defense Acquisition University, and the currency and
applicability of the knowledge possessed by such faculty,
by--
``(A) building partnerships between the faculty of the
Defense Acquisition University and the director of, and
individuals involved with, the activities established under
section 2361a of this title;
``(B) supporting the preparation and drafting of the
reports required under subsection (f)(2); and
``(C) instituting a program under which each member of the
faculty of the Defense Acquisition University shall be
detailed to an operational acquisition position in a military
department or Defense Agency, or to an extramural
institution, for not less than six months out of every five
year period.
``(b) Senior Official.--Not later than 180 days after the
enactment of this section, the President of the Defense
Acquisition University shall designate a senior official to
execute activities under this section.
``(c) 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.
``(d) 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 of this title) to carry out
the requirements of this section.
``(e) Annual Reports.--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.
``(f) 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.
``(g) Definitions.--In this section:
``(1) Acquisition workforce.--The term `acquisition
workforce' has the meaning given such term in section 1705(g)
of this title.
``(2) Extramural institutions.--The term `extramural
institutions' means participants in an activity established
under section 2361a of this title, public sector
organizations, and nonprofit credentialing organizations.''.
(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. PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE
EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS.
(a) Prohibition.--
(1) In general.--Chapter 148 of title 10, United States
Code, is amended by inserting after section 2533d the
following new section:
``Sec. 2533e. Prohibition on acquisition 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 procurement in 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 disease, such as by exposure to infected
individuals or contamination or infection by infectious
material (including nitrile and vinyl gloves, surgical masks,
respirator masks and 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 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 2533d the following:
``2533e. Prohibition on acquisition of personal protective equipment
and certain other items from non-allied foreign
nations.''.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2533e of title 10,
United States Code, as added by subsection (a), is
transferred to the end of subchapter III of chapter 385 of
such title, as added by section 1870(d) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) and amended by this
Act, and redesignated as section 4875.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections for subchapter III of chapter 385 of title 10,
United States Code, as added by section 1870(d) 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 item:
``4875. Prohibition on acquisition 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 148 of title 10, United
States Code, as amended by subsection (a), is further amended
by striking the item relating to section 2533e.
(3) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take effect
immediately after the amendments made by title XVIII of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 take effect.
(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. 803. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES USING GENERAL
SOLICITATION COMPETITIVE PROCEDURES.
(a) Authority.--
(1) In general.--Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2380c. Authority to acquire innovative commercial
products and commercial services using general solicitation
competitive procedures
``(a) Authority.--The Secretary of Defense and the
Secretaries of the military departments may acquire
innovative commercial products and commercial services
through a competitive selection of proposals resulting from a
general solicitation and the peer review of such proposals.
``(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures under subsection (a)
shall be considered to be use of competitive procedures for
purposes of chapter 137 of this title.
``(c) Limitations.--(1) The Secretary may not enter into a
contract or agreement in excess of $100,000,000 using the
authority under subsection (a) without a written
determination from the Under Secretary of Defense for
Acquisition and Sustainment or the relevant service
acquisition executive of the efficacy of the effort to meet
mission needs of the Department of Defense or the relevant
military department.
``(2) Contracts or agreements entered into using the
authority under subsection (a) shall be fixed-price,
including fixed-price incentive fee contracts.
``(3) Notwithstanding section 2376(1) of this title,
products and services acquired using the authority under
subsection (a) shall be treated as commercial products and
commercial services.
``(d) Congressional Notification Required.--(1) Not later
than 45 days after the award of a contract for an amount
exceeding $100,000,000 using the authority in subsection (a),
the Secretary shall notify the congressional defense
committees of such award.
``(2) Notice of an award under paragraph (1) shall include
the following:
``(A) Description of the innovative commercial product or
commercial service acquired.
``(B) Description of the requirement, capability gap, or
potential technological advancement with respect to which the
innovative commercial product or commercial service acquired
provides a solution or a potential new capability.
``(C) Amount of the contract awarded.
``(D) Identification of the contractor awarded the
contract.
``(e) Innovative Defined.--In this section, the term
`innovative' means--
[[Page H7011]]
``(1) any technology, process, or method, including
research and development, that is new as of the date of
submission of a proposal; or
``(2) any application that is new as of the date of
submission of a proposal of a technology, process, or method
existing as of such date.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 140 of title 10, United States Code, is
amended by inserting after the item relating to section 2380b
the following new item:
``2380c. Authority to acquire innovative commercial products and
commercial services using general solicitation
competitive procedures.''.
(3) Data collection.--
(A) In general.--The Secretary of Defense and each
Secretary of a military department shall collect and analyze
data on the use of the authority under section 2380c of title
10, United States Code, as added by paragraph (1), for the
purposes of--
(i) developing and sharing best practices for achieving the
objectives of the authority;
(ii) gathering information on the implementation of the
authority and related policy issues; and
(iii) informing the congressional defense committees on the
use of the authority.
(B) Plan required.--The authority under section 2380c of
title 10, United States Code, as added by paragraph (1), may
not be exercised by the Secretary of Defense or any Secretary
of a military department during the period beginning on
October 1, 2022, and ending on the date on which the
Secretary of Defense submits to the congressional defense
committees a completed plan for carrying out the data
collection required under paragraph (1).
(C) Congressional defense committees; military department
defined.--In this paragraph, the terms ``congressional
defense committees'' and ``military department'' have the
meanings given such terms in section 101(a) of title 10,
United States Code.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2380c of title 10,
United States Code, as added by subsection (a), is
transferred to chapter 247 of such title, added after section
3457, as transferred and redesignated by section 1821(a) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
and redesignated as section 3458.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 247 of title 10, United States Code, as
added by section 1821(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 3457 the following new item:
``3458. Authority to acquire innovative commercial products and
commercial services using general solicitation
competitive procedures.''.
(3) Conforming amendments to internal cross-references.--
Section 3458 of title 10, United States Code, as redesignated
by paragraph (1), is amended--
(A) in subsection (b), by striking ``chapter 137'' and
inserting ``chapter 221''; and
(B) in subsection (c)(3), by striking ``section 2376(1)''
and inserting ``section 3451(1)''.
(4) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take as if included
in title XVIII of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
(5) 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.
(c) Repeal of Obsolete Authority.--Section 879 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 804. MODIFICATIONS TO CONTRACTS SUBJECT TO COST OR
PRICING DATA CERTIFICATION.
(a) In General.--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.''.
(b) Technical Amendment.--Section 1831(c)(8)(A) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4211)
is amended by striking ``before'' and all that follows
through the semicolon at the end and inserting ``after the
subsection designation;''.
SEC. 805. TWO-YEAR EXTENSION OF SELECTED ACQUISITION REPORT
REQUIREMENT.
(a) Extension.--Section 2432(j) of title 10, United States
Code, is amended by striking ``fiscal year 2021'' and
inserting ``fiscal year 2023''.
(b) Demonstration Required.--
(1) In general.--Not later than March 1, 2022, and every
six months thereafter, the Secretary of Defense shall provide
to the congressional defense committees a demonstration of
the capability improvements necessary to achieve the full
operational capability of the reporting system that will
replace the Selected Acquisition Report requirements under
section 2432 of title 10, United States Code, as amended by
subsection (a).
(2) Elements.--
(A) In general.--The demonstration required under paragraph
(1) shall incorporate the following elements:
(i) A demonstration of the full suite of data sharing
capabilities of the reporting system referred to in paragraph
(1) that can be accessed by authorized external users,
including the congressional defense committees, for a range
of covered programs across acquisition categories, including
those selected under section 831 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1492).
(ii) The plans required under subsection (c), as available.
(B) Initial report.--In addition to the elements described
in subparagraph (A), the first demonstration provided under
paragraph (1) shall incorporate the findings of the report
required under section 830(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1492).
(3) Termination.--The requirements under this subsection
shall terminate upon the date on which the Secretary of
Defense submits to the congressional defense committees a
written certification of the determination of the Secretary
that the reporting system referred to in paragraph (1) has
achieved full operational capability.
(c) Plans Required for Data Gathering and Sharing.--
(1) Data required for improved decision making.--
(A) In general.--Not later than March 1, 2022, the Director
of Cost Assessment and Program Evaluation shall prepare a
plan for identifying and gathering the data required for
effective decision making by program managers and Department
of Defense leadership regarding covered programs.
(B) Contents.--The plan required under subparagraph (A)
shall include--
(i) data that--
(I) address covered program progress compared to covered
program cost, schedule, and performance goals;
(II) provide an assessment of covered program risks; and
(III) can be collected throughout the fiscal year without
significant additional burden;
(ii) the data, information, and analytical capabilities
supported by the reporting system referred to in subsection
(b)(1);
(iii) the specific data elements needed to assess covered
program performance and associated risks, including software
development and cybersecurity risks, and an identification of
any data elements that cannot be publicly released;
(iv) the types of covered programs to be included in the
reporting system referred to in subsection (b)(1), including
the dollar value threshold for inclusion, and the acquisition
methodologies and pathways that are to be included;
(v) the criteria for initiating, modifying, and terminating
reporting for covered programs in the reporting system
referred to in subsection (b)(1), including program
characteristics, acquisition methodology or pathway being
used, cost growth or changes, and covered program
performance; and
(vi) the planned reporting schedule for the reporting
system referred to in subsection (b)(1), including when
reports will be available to authorized external users and
the intervals at which data will be updated.
(2) Improved data sharing within the department of defense
and with outside stakeholders.--
(A) In general.--Not later than July 1, 2022, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees the plan of
the Department of Defense for the reporting system referred
to in subsection (b)(1) to report to the congressional
defense committees and effectively share information related
to covered programs.
(B) Contents.--The plan required under subparagraph (A)
shall--
(i) incorporate the plan required under paragraph (1);
(ii) provide for reporting not less frequently than once
per year and continuous or periodic updates for authorized
external users, as appropriate, to increase the efficiency
of, and reduce the bureaucratic burdens for, reporting data
and information on acquisition programs;
(iii) identify the organizations responsible for
implementation and overall operation of the reporting system
referred to in subsection (b)(1);
(iv) identify the organizations responsible for providing
data for inclusion in such reporting system and ensuring that
data is provided in a timely fashion;
(v) include the schedule and milestones for implementing
such reporting system;
(vi) identify, for such implementation--
(I) the resources required, including personnel and
funding; and
(II) the implementation risks and how such risks will be
mitigated;
(vii) identify the mechanisms by which reporting will be
provided to the congressional defense committees and other
authorized external users, including--
(I) identification of types of organizations that will have
access to the system, including those outside the Department
of Defense;
(II) how the system will be accessed by users, including
those outside the Department of Defense; and
(III) how such users will be trained on the use of the
system and what level of support will be available for such
users on an ongoing basis; and
(viii) identify any changes to policy, guidance, or
legislation that are required to begin reporting to the
congressional defense committees in accordance with the plan.
[[Page H7012]]
(d) Covered Program Defined.--In this section, the term
``covered program'' means a program required to be included
in a report submitted under section 2432 of title 10, United
States Code.
SEC. 806. ANNUAL REPORT ON HIGHEST AND LOWEST PERFORMING
ACQUISITION PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than January 31, 2023, and
annually thereafter for the following three years, the
Component Acquisition Executive of each element or
organization of the Department of Defense shall rank each
covered acquisition program based on the criteria selected
under subsection (b)(1) and submit to the congressional
defense committees a report that contains a ranking of the
five highest performing and five lowest performing covered
acquisition programs for such element or organization based
on such criteria.
(b) Ranking Criteria.--
(1) In general.--In completing the report required under
subsection (a), each Component Acquisition Executive, in
consultation with other officials of the Department of
Defense as determined appropriate by the Component
Acquisition Executive, shall select the criteria for ranking
each covered acquisition program.
(2) Inclusion in report.--Each Component Acquisition
Executive shall include in the report submitted under
subsection (a) an identification of the specific ranking
criteria selected under paragraph (1), including a
description of how those criteria are consistent with best
acquisition practices.
(c) Additional Report Elements.--Each Component Acquisition
Executive shall include in the report required under
subsection (a) for each of the five acquisition programs
ranked as the lowest performing the following:
(1) A description of the factors that contributed to the
ranking of the program as low performing.
(2) An assessment of the underlying causes of the poor
performance of the program.
(3) A plan for addressing the challenges of the program and
improving performance, including specific actions that will
be taken and proposed timelines for completing such actions.
(d) Definitions.--In this section:
(1) Component acquisition executive.--The term ``Component
Acquisition Executive'' means--
(A) a service acquisition executive; or
(B) an individual designated by the head of an element or
organization of the Department of Defense, other than a
military department, as the Component Acquisition Executive
for that element or organization.
(2) Covered acquisition program.--In this section the term
``covered acquisition program'' means--
(A) a major defense acquisition program as defined in
section 2430 of title 10, United States Code; or
(B) an acquisition program that is estimated by the
Component Acquisition Executive to require an eventual total
expenditure described in section 2430(a)(1)(B) of title 10,
United States Code.
(3) Military department; service acquisition executive.--
The terms ``military department'' and ``service acquisition
executive'' have the meanings given such terms in section
101(a) of title 10, United States Code.
SEC. 807. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO
IMPROVING THE ACQUISITION OF COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES.
(a) Assessment Required.--The Under Secretary of Defense
for Acquisition and Sustainment and the Chairman of the Joint
Requirements Oversight Council shall jointly assess
impediments and incentives to fulfilling the goals of section
3307 of title 41, United States Code, and section 2377 of
title 10, United States Code, regarding preferences for
commercial products and commercial services to--
(1) enhance the innovation strategy of the Department of
Defense to compete effectively against peer adversaries; and
(2) encourage the rapid adoption of commercial advances in
technology.
(b) Elements of Assessment.--The assessment shall include a
review of the use of preferences for commercial products and
commercial services in procurement, including an analysis
of--
(1) relevant policies, regulations, and oversight
processes;
(2) relevant acquisition workforce training and education;
(3) the role of requirements in the adaptive acquisition
framework (as described in Department of Defense Instruction
5000.02, ``Operation of the Adaptive Acquisition
Framework''), including--
(A) the ability to accommodate evolving commercial
functionality and new opportunities identified during market
research; and
(B) how phasing and uncertainty in requirements are
treated;
(4) the role of competitive procedures and source selection
procedures, including the ability to structure acquisition
processes to accommodate--
(A) multiple or unequal solutions; and
(B) emerging solutions that could fulfill program
requirements;
(5) the role of planning, programming, and budgeting
structures and processes, including appropriations
categories;
(6) systemic biases in favor of custom solutions;
(7) allocation of technical data rights;
(8) strategies to control modernization and sustainment
costs;
(9) the risk to contracting officers and other members of
the acquisition workforce of acquiring commercial products
and commercial services, and incentives and disincentives for
taking such risks; and
(10) potential reforms that do not impose additional
burdensome and time-consuming constraints on the acquisition
process.
(c) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Chairman of the Joint
Requirements Oversight Council shall brief the congressional
defense committees on the results of the required assessment
and any actions undertaken to improve compliance with the
statutory preference for commercial products and commercial
services, including any recommendations to Congress for
legislative action.
SEC. 808. BRIEFING ON TRANSPARENCY FOR CERTAIN DOMESTIC
PROCUREMENT WAIVERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall brief the
congressional defense committees on the extent to which
information relating to the use of domestic procurement
waivers by the Department of Defense is publicly available.
SEC. 809. REPORT ON VIOLATIONS OF CERTAIN DOMESTIC PREFERENCE
LAWS.
(a) Report Required.--Not later than February 1 of each of
2023, 2024, and 2025, the Secretary of Defense, in
coordination with each Secretary of a military department,
shall submit to the congressional defense committees a report
on violations of certain domestic preference laws reported to
the Department of Defense and the military departments. Each
report shall include such violations that occurred during the
previous fiscal year covered by the report.
(b) Elements.--Each report required under subsection (a)
shall include the following for each reported violation:
(1) The name of the contractor.
(2) The contract number.
(3) The nature of the violation, including which of the
certain domestic preference laws was violated.
(4) The origin of the report of the violation.
(5) Actions taken or pending by the Secretary concerned in
response to the violation.
(6) Other related matters deemed appropriate by the
Secretary concerned.
(c) Certain Domestic Preference Laws Defined.--In this
section, the term ``certain domestic preference laws'' 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. CERTAIN MULTIYEAR CONTRACTS FOR ACQUISITION OF
PROPERTY: BUDGET JUSTIFICATION MATERIALS.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 239c. Certain multiyear contracts for acquisition of
property: budget justification materials
``(a) In General.--In the budget justification materials
submitted to Congress in support of the Department of Defense
budget for fiscal year 2023 and each fiscal year thereafter
(as submitted with the budget of the President under section
1105(a) of title 31), the Secretary of Defense shall include
a proposal for any multiyear contract of the Department
entered into under section 2306b of this title that--
``(1) the head of an agency intends to cancel during the
fiscal year; or
``(2) with respect to which the head of an agency intends
to effect a covered modification during the fiscal year.
``(b) Elements.--Each proposal required by subsection (a)
shall include the following:
``(1) A detailed assessment of any expected termination
costs associated with the proposed cancellation or covered
modification of the multiyear contract.
``(2) An updated assessment of estimated savings of such
cancellation or carrying out the multiyear contract as
modified by such covered modification.
``(3) An explanation of the proposed use of previously
appropriated funds for advance procurement or procurement of
property planned under the multiyear contract before such
cancellation or covered modification.
``(4) An assessment of expected impacts of the proposed
cancellation or covered modification on the defense
industrial base, including workload stability, loss of
skilled labor, and reduced efficiencies.
``(c) Definitions.--In this section:
``(1) The term `covered modification' means a modification
that will result in a reduction in the quantity of end items
to be procured.
``(2) The term `head of an agency' means--
``(A) the Secretary of Defense;
``(B) the Secretary of the Army;
``(C) the Secretary of the Navy; or
``(D) the Secretary of the Air Force.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by adding at
the end the following new item:
``239c. Certain multiyear contracts for acquisition of property: budget
justification materials.''.
SEC. 812. EXTENSION OF DEMONSTRATION PROJECT RELATING TO
CERTAIN ACQUISITION PERSONNEL MANAGEMENT
POLICIES AND PROCEDURES.
Section 1762(g) of title 10, United States Code, is amended
by striking ``December 31, 2023'' and inserting ``December
31, 2026''.
SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT EMPLOYEE
TRAINING REQUIREMENTS.
Section 2228 of title 10, United States Code, is amended--
[[Page H7013]]
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) 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.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end 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 are conducted under a qualified
training program that trains and certifies individuals in
meeting corrosion control standards that are recognized
industry-wide.''; 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--
``(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. MODIFIED CONDITION FOR PROMPT CONTRACT PAYMENT
ELIGIBILITY.
Section 2307(a)(2)(B) of title 10, United States Code, is
amended by striking ``if the prime contractor agrees or
proposes to make payments to the subcontractor'' and
inserting ``if the prime contractor agrees to make payments
to the subcontractor''.
SEC. 815. MODIFICATION TO PROCUREMENT OF SERVICES: DATA
ANALYSIS AND REQUIREMENTS VALIDATION.
(a) In General.--Section 2329 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``October 1, 2021'' and inserting ``February 1, 2023''; and
(B) by striking paragraphs (4) and (5) and inserting the
following new paragraphs:
``(4) be informed by the review of the inventory required
by section 2330a(c) using standard guidelines developed under
subsection (d); and
``(5) clearly and separately identify the amount requested
and projected for the procurement of contract services for
each Defense Agency, Department of Defense Field Activity,
command, or military installation for the budget year and the
subsequent four fiscal years in the future-years defense
program submitted to Congress under section 221.'';
(2) by amending subsection (d) to read as follows:
``(d) Requirements Evaluation.--(1) Each Services
Requirements Review Board shall evaluate each requirement for
a services contract, taking into consideration total force
management policies and procedures, available resources, the
analyses conducted under subsection (c), and contracting
efficacy and efficiency. An evaluation of a services contract
for compliance with contracting policies and procedures may
not be considered to be an evaluation of a requirement for
such services contract.
``(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 consistent with the `Handbook of Contract
Function Checklists for Services Acquisition' issued by the
Department of Defense in May 2018, or a successor or other
appropriate policy; 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 of Department of Defense
civilian employees to perform new functions and functions
that are performed by contractors.
``(3) The acquisition decision authority for each services
contract 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) The Inspector General of the Department of Defense
may conduct annual audits to ensure compliance with this
subsection.'';
(3) by striking subsection (f) and redesignating the
subsequent subsections accordingly; and
(4) in subsection (f), as so redesignated--
(A) in paragraph (3), by striking ``January 5, 2016'' and
inserting ``January 10, 2020''; and
(B) by adding at the end the following new paragraph:
``(4) The term `acquisition decision authority' means the
designated decision authority for each designated special
interest services acquisition category, described in such
Department of Defense Instruction.''.
(b) 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. 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. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS.
Section 829 of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 2306 note) is repealed.
Subtitle C--Provisions Relating to Other Transaction Authority
SEC. 821. MODIFICATION OF OTHER TRANSACTION AUTHORITY FOR
RESEARCH PROJECTS.
(a) In General.--Section 2371 of title 10, United States
Code, is amended--
(1) in subsection (e)--
(A) by striking paragraph (2);
(B) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``(1)''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(2) by amending subsection (h) to read as follows:
``(h) Guidance.--The Secretary of Defense shall issue
guidance to carry out this section.''.
(b) Conforming Amendment.--Section 2371b(b)(1) of title 10,
United States Code, is amended by striking ``Subsections
(e)(1)(B) and (e)(2)'' and inserting ``Subsection (e)(2)''.
SEC. 822. MODIFICATION OF PRIZE AUTHORITY FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, including
procurement contracts and other agreements,'' after ``other
types of prizes'';
(2) in subsection (b), in the first sentence, by inserting
``and for the selection of recipients of procurement
contracts and other agreements'' after ``cash prizes'';
(3) in subsection (c)(1), by inserting ``without the
approval of the Under Secretary of Defense for Research and
Engineering'' before the period at the end; and
(4) by adding at the end the following new subsection:
``(g) Congressional Notice.--
``(1) In general.--Not later than 15 days after a
procurement contract or other agreement that exceeds a fair
market value of $10,000,000 is awarded under the authority
under a program under subsection (a), the Secretary of
Defense shall submit to the congressional defense committees
written notice of such award.
``(2) Contents.--Each notice submitted under paragraph (1)
shall include--
``(A) the value of the relevant procurement contract or
other agreement, as applicable, including all options;
``(B) a brief description of the research result,
technology development, or prototype for which such
procurement contract or other agreement, as applicable, was
awarded; and
``(C) an explanation of the benefit to the performance of
the military mission of the Department of Defense resulting
from the award.''.
SEC. 823. PILOT PROGRAM ON SYSTEMS ENGINEERING
DETERMINATIONS.
(a) Requirement.--As soon as practicable but not later than
September 30, 2023, the Secretary of Defense shall ensure
that each covered entity enters into at least two covered
transactions under an authority described in subsection (b),
where each such covered transaction includes the system
engineering determinations described under subsection (c).
(b) Covered Authorities.--The authorities described under
this subsection are as follows:
(1) Section 2371 of title 10, United States Code, with
respect to applied and advanced research project transactions
relating to weapons systems.
(2) Section 2371b of such title, with respect to
transactions relating to weapons systems.
(3) Section 2373 of such title.
(4) Section 2358 of such title, with respect to
transactions relating to weapons systems.
(c) Systems Engineering Determinations.--
(1) First determination.--
(A) Success criteria.--The head of a covered entity that
enters into a covered transaction under this section shall
identify, in writing, not later than 30 days after entering
into such covered transaction, measurable success criteria
related to potential military applications of such covered
transaction, to be demonstrated not later than the last day
of the period of performance for such covered transaction.
(B) Types of determinations.--Not later than 30 days after
the end of such period of performance, the head of the
covered entity shall make one of the following
determinations:
(i) A ``Discontinue'' determination, under which such head
discontinues support of the covered transaction and provides
a rationale for such determination.
(ii) A ``Retain and Extend'' determination, under which
such head ensures continued performance of such covered
transaction and extends the period of performance for a
specified period of time in order to achieve the success
criteria described under subparagraph (A).
[[Page H7014]]
(iii) An ``Endorse and Refer'' determination, under which
such head endorses the covered transaction and refers it to
the most appropriate Service Systems Engineering Command,
based on the technical attributes of the covered transaction
and the associated potential military applications, based on
meeting or exceeding the success criteria.
(C) Written notice.--A determination made pursuant to
subparagraph (B) shall be documented in writing and provided
to the person performing the covered transaction to which the
determination relates.
(D) Further determination.--If the head of a covered entity
issued a ``Retain and Extend'' determination described in
subparagraph (B)(ii), such head shall, at the end of the
extension period--
(i) issue an ``Endorse and Refer'' determination described
in subparagraph (B)(iii) if the success criteria are met; or
(ii) issue a ``Discontinue'' determination described in
subparagraph (B)(i) if the success criteria are not met.
(2) Second determination.--
(A) Systems engineering plan.--The head of the Service
Systems Engineering Command that receives a referral from an
``Endorse and Refer'' determination described in paragraph
(1)(B)(iii) shall, not later than 30 days after receipt of
such referral, formulate a systems engineering plan with the
person performing the referred covered transaction, technical
experts of the Department of Defense, and any prospective
program executive officers.
(B) Elements.--The systems engineering plan required under
subparagraph (A) shall include the following:
(i) Measurable baseline technical capability, based on
meeting the success criteria described in paragraph (1)(A).
(ii) Measurable transition technical capability, based on
the technical needs of the prospective program executive
officers to support a current or future program of record.
(iii) Discrete technical development activities necessary
to progress from the baseline technical capability to the
transition technical capability, including an approximate
cost and schedule, including activities that provide
resolution to issues relating to--
(I) interfaces;
(II) data rights;
(III) Federal Government technical requirements;
(IV) specific platform technical integration;
(V) software development;
(VI) component, subsystem, or system prototyping;
(VII) scale models;
(VIII) technical manuals;
(IX) lifecycle sustainment needs; and
(X) other needs identified by the relevant program
executive officer.
(iv) Identification and commitment of funding sources to
complete the activities under clause (iii).
(C) Types of determinations.--Not later than 30 days after
the end of the schedule required by subparagraph (B)(iii),
the head of the Service Systems Engineering Command shall
make one of the following determinations:
(i) A ``Discontinue'' determination, under which such head
discontinues support of the covered transaction and provides
a rationale for such determination.
(ii) A ``Retain and Extend'' determination, under which
such head ensures continued performance of such covered
transaction within the Service Systems Engineering Command
and extends the period of performance for a specified period
of time in order to--
(I) successfully complete the systems engineering plan
required under subparagraph (A); and
(II) issue specific remedial or additional activities to
the person performing the covered transaction.
(iii) An ``Endorse and Refer'' determination, under which
such head endorses the covered transaction and refers it to a
program executive officer, based on successful completion of
the systems engineering plan required under subparagraph (A).
(D) Written notice.--A determination made pursuant to
subparagraph (C) shall be documented in writing and provided
to the person performing the covered transaction to which the
determination relates and any prospective program executive
officers for such covered transaction.
(E) Further determination.--If the head of the Service
Systems Engineering Command issued a ``Retain and Extend''
determination described in subparagraph (C)(ii), such head
shall, at the end of the extension period--
(i) issue an ``Endorse and Refer'' determination described
in subparagraph (C)(iii) if the transition technical
capability criteria are met; or
(ii) issue a ``Discontinue'' determination described in
subparagraph (B)(i) if the success criteria are not met.
(d) Priority for Covered Transaction Selection.--In
selecting a covered transaction under this section, the
Secretary shall prioritize those covered transactions that--
(1) are being initially demonstrated at a covered entity;
(2) demonstrate a high potential to be further developed by
a Service Systems Engineering Command; and
(3) demonstrate a high potential to be used in a program of
the Department of Defense.
(e) Notifications.--
(1) In general.--Not later than 30 days after a covered
transaction is entered into pursuant to subsection (a), the
Secretary of Defense shall notify the congressional defense
committees of such covered transaction.
(2) Updates.--Not later than 120 days after such a covered
transaction is entered into, and every 120 days thereafter
until the action specified in subsection (c)(1)(B)(i),
(c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of
Defense shall provide written updates to the congressional
defense committees on the actions being taken by the
Department to comply with the requirements of this section.
(f) Briefing Required.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives with a
detailed plan to implement the requirements of this section.
(g) Definitions.--In this section:
(1) The term ``covered entity'' means--
(A) the Defense Innovation Unit;
(B) the Strategic Capabilities Office; or
(C) the Defense Advanced Research Projects Agency.
(2) The term ``covered transaction'' means a transaction,
procurement, or project conducted pursuant to an authority
listed in subsection (b).
(3) The term ``Service Systems Engineering Command'' means
the specific Department of Defense command that reports
through a chain of command to the head of a military
department that specializes in the systems engineering of a
system, subsystem, component, or capability area.
SEC. 824. RECOMMENDATIONS ON THE USE OF OTHER TRANSACTION
AUTHORITY.
(a) Review and Recommendations Required.--
(1) In general.--The Secretary of Defense shall review the
current use, and the authorities, regulations, and policies
related to the use, of other transaction authority under
sections 2371 and 2371b of title 10, United States Code, and
assess the merits of modifying or expanding such authorities
with respect to--
(A) the inclusion in such transactions for the Government
and contractors to include force majeure provisions to deal
with unforeseen circumstances in execution of the
transaction;
(B) the determination of the traditional or nontraditional
status of an entity based on the parent company or majority
owner of the entity;
(C) the determination of the traditional or nontraditional
status of an entity based on the status of an entity as a
qualified businesses wholly-owned through an Employee Stock
Ownership Plan;
(D) the ability of the Department of Defense to award
agreements for prototypes with all of the costs of the
prototype project provided by private sector partners of the
participant to the transaction for such prototype project, to
allow for expedited transition into follow-on production
agreements for appropriate technologies;
(E) the ability of the Department of Defense to award
agreements for procurement, including without the need for
prototyping;
(F) the ability of the Department of Defense to award
agreements for sustainment of capabilities, including without
the need for prototyping;
(G) the ability of the Department of Defense to award
agreements to support the organic industrial base;
(H) the ability of the Department of Defense to award
agreements for prototyping of services or acquisition of
services;
(I) the need for alternative authorities or policies to
more effectively and efficiently execute agreements with
private sector consortia;
(J) the ability of the Department of Defense to monitor and
report on individual awards made under consortium-based other
transactions; and
(K) other issues as identified by the Secretary.
(2) Qualified businesses wholly-owned through an employee
stock ownership plan defined.--The term ``qualified
businesses wholly-owned through an Employee Stock Ownership
Plan'' means an S corporation (as defined in section
1361(a)(1) of the Internal Revenue Code of 1986) for which
100 percent of the outstanding stock is held through an
employee stock ownership plan (as defined in section
4975(e)(7) of the Internal Revenue Code).
(b) Issues Identified and Recommendations for Changes to
Policies or Authorities.--In carrying out the review under
paragraph (1) of subsection (a), with respect to each issue
described in subparagraphs (A) through (K) of such paragraph,
the Secretary of Defense shall--
(1) identify relevant issues and challenges with the use of
the authority under section 2371 or 2371b of title 10, United
States Code;
(2) discuss the advantages and disadvantages of modifying
or expanding the authority under section 2371 or 2371b of
title 10, United States Code, to address issues under
paragraph (1);
(3) identify policy changes that will be made to address
issues identified under paragraph (1);
(4) make recommendations to the congressional defense
committees for new or modified statutory authorities to
address issues identified under paragraph (1); and
(5) provide such other information as determined
appropriate by the Secretary.
(c) Report.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional
defense committees a report describing activities undertaken
pursuant to this section, as well as issues identified,
policy changes proposed, justifications for such proposed
policy changes, and recommendations for legislative changes.
SEC. 825. REPORTING REQUIREMENT FOR CERTAIN DEFENSE
ACQUISITION ACTIVITIES.
(a) Procedures for Identifying Certain Acquisition
Agreements and Activities.--The Secretary of Defense shall
establish procedures to identify organizations performing on
individual projects under the following types of awards:
(1) Other transaction agreements pursuant to the
authorities under section 2371 and 2371b of title 10, United
States Code.
(2) Individual task orders awarded under a task order
contract (as defined in section 2304d
[[Page H7015]]
of title 10, United States Code), including individual task
orders issued to a federally funded research and development
center.
(b) For initial agreements covered under subsection (a),
the procedures required under subsection (a) shall include,
but not be limited to--
(1) the participants to the transaction (other than the
Federal Government);
(2) each business selected to perform work under the
transaction by a participant to the transaction that is a
consortium of private entities;
(3) the date on which each participant entered into the
transaction;
(4) the amount of the transaction; and
(5) other related matters the Secretary deems appropriate.
(c) For follow-on contracts, agreements, or transactions
covered under subsection (a), the procedures required under
subsection (a) shall include, but not be limited to--
(1) identification of the initial covered contract or
transaction and each subsequent follow-on contract or
transaction;
(2) the awardee;
(3) the amount;
(4) the date awarded; and
(5) other related matters the Secretary deems appropriate.
(d) The Administrator of the General Services
Administration shall update the Federal Procurement Data
System (FPDS) within 180 days to collect the data required
under this section.
(e) Reporting.--Not later than one year after the date of
the enactment of this Act, and not less than annually
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the use of
agreements and activities described in subsection (a) and
associated funding.
(f) Publication of Information.--Not later than one year
after the date of enactment of this Act, the Secretary of
Defense shall establish procedures to collect information on
individual agreements and activities described in this
section and associated funding in an online, public,
searchable database, unless the Secretary deems such
disclosure inappropriate for individual agreements based on
national security concerns.
Subtitle D--Provisions Relating to Software and Technology
SEC. 831. TECHNOLOGY PROTECTION FEATURES ACTIVITIES.
(a) In General.--Section 2357 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' before ``Any'';
(B) by adding at the end the following new paragraph:
``(2) The Secretary may deem the portion of the costs of
the contractor described in paragraph (1) with respect to a
designated system as allowable independent research and
development costs under the regulations issued under section
2372 of this title if--
``(A) the designated system receives Milestone B approval;
and
``(B) the Secretary determines that doing so would further
the purposes of this section.''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (4); and
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) The term `independent research and development costs'
has the meaning given the term in section 31.205-18 of title
48, Code of Federal Regulations.
``(3) The term `Milestone B approval' has the meaning given
the term in section 2366(e)(7) of this title.''.
(b) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to
the Federal Acquisition Regulation to conform with section
2357 of title 10, United States Code, as amended by
subsection (a).
SEC. 832. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY
DEVELOPED AT DEPARTMENT OF DEFENSE
LABORATORIES.
Section 801(e) of the National Defense Authorization Act
for Fiscal Year 2014 (10 U.S.C. 2514 note) is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by striking subsection (d) and inserting the following
new subsections:
``(d) Data Collection.--The Secretary of Defense shall
develop and implement a plan to collect and analyze data on
the use of authority under this section for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the Secretary of Defense and
Congress on the use of authority under this section and
related policy issues.
``(e) Report.--The Secretary of Defense shall submit a
report to the congressional defense committees on the
activities carried out under this section not later than
December 31, 2025.''; and
(3) in subsection (f) (as so redesignated), by striking
``December 31, 2021'' and inserting ``December 31, 2026''.
SEC. 833. PILOT PROGRAM ON ACQUISITION PRACTICES FOR EMERGING
TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment or the Under Secretary's designee, shall
establish a pilot program (in this section referred to as the
``Pilot Program'') to develop and implement unique
acquisition mechanisms for emerging technologies in order to
increase the speed of transition of emerging technologies
into acquisition programs or into operational use.
(b) Elements.--In carrying out the Pilot Program, the Under
Secretary of Defense for Acquisition and Sustainment shall--
(1) identify, and award agreements to, not less than four
new projects supporting high-priority defense modernization
activities, consistent with the National Defense Strategy,
with consideration given to--
(A) offensive missile capabilities;
(B) space-based assets;
(C) personnel and quality of life improvement;
(D) energy generation and storage; and
(E) any other area activities the Under Secretary
determines appropriate;
(2) develop a unique acquisition plan for each project
identified pursuant to paragraph (1) that is significantly
novel from standard Department of Defense acquisition
practices, including the use of--
(A) alternative price evaluation models;
(B) alternative independent cost estimation methodologies;
(C) alternative market research methods;
(D) continuous assessment of performance metrics to measure
project value for use in program management and oversight;
(E) alternative intellectual property strategies, including
activities to support modular open system approaches (as
defined in section 2446a(b) of title 10, United States Code)
and reduce life-cycle and sustainment costs; and
(F) other alternative practices identified by the Under
Secretary;
(3) execute the acquisition plans described in paragraph
(2) and award agreements in an expedited manner; and
(4) determine if existing authorities are sufficient to
carry out the activities described in this subsection and, if
not, submit to the congressional defense committees
recommendations for statutory reforms that will provide
sufficient authority.
(c) Regulation Waiver.--The Under Secretary of Defense for
Acquisition and Sustainment shall establish mechanisms for
the Under Secretary to waive, upon request, regulations,
directives, or policies of the Department of Defense, a
military service, or a Defense Agency with respect to a
project awarded an agreement under the Pilot Program if the
Under Secretary determines that such a waiver furthers the
purposes of the Pilot Program, unless such waiver would be
prohibited by a provision of a Federal statute or common law.
(d) Agreement Termination.--
(1) In general.--The Secretary of Defense may establish
procedures to terminate agreements awarded under the Pilot
Program.
(2) Notification required.--Any procedure established under
paragraph (1) shall require that, not later than 30 days
prior to the termination of any agreement under such
procedure, notice of such termination shall be provided to
the congressional defense committees.
(e) Pilot Program Advisory Group.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall establish a Pilot Program
advisory group to advise the Under Secretary on--
(A) the selection, management and elements of projects
under the Pilot Program;
(B) the collection of data regarding the use of the Pilot
Program; and
(C) the termination of agreements under the Pilot Program.
(2) Membership.--
(A) In general.--The members of the advisory group
established under paragraph (1) shall be appointed as
follows:
(i) One member from each military department (as defined
under section 101(a) of title 10, United States Code),
appointed by the Secretary of the military department
concerned.
(ii) One member appointed by the Under Secretary of Defense
for Research and Engineering.
(iii) One member appointed by the Under Secretary of
Defense for Acquisition and Sustainment.
(iv) One member appointed by the Director of the Strategic
Capabilities Office of the Department of Defense.
(v) One member appointed by the Director of the Defense
Advanced Research Projects Agency.
(vi) One member appointed by the Director of Cost
Assessment and Program Evaluation.
(vii) One member appointed by the Director of Operational
Test and Evaluation.
(B) Deadline for appointment.--Members of the advisory
group shall be appointed not later than 30 days after the
date of the establishment of the pilot program under
subsection (a).
(3) FACA non-applicability.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the advisory group
established under paragraph (1).
(f) Information to Congress.--
(1) Briefing requirement.--Not later than 180 days after
the date of the enactment of this Act, and not less than
annually thereafter, the Secretary of Defense shall provide
to the congressional defense committees a briefing on
activities performed under this section.
(2) Budget justification materials.--The Secretary shall
establish procedures to clearly identify all projects under
the Pilot Program in budget justification materials submitted
to Congress.
(g) Data Requirements.--
(1) Collection and analysis of data.--The Secretary shall
establish mechanisms to collect and analyze data on the
execution of the Pilot Program for the purpose of--
(A) developing and sharing best practices for achieving
goals established for the Pilot Program;
(B) providing information to the Secretary and the
congressional defense committees on the execution of the
Pilot Program; and
(C) providing information to the Secretary and the
congressional defense committees on related policy issues.
[[Page H7016]]
(2) Data strategy required.--The Secretary may not
establish the Pilot Program prior to completion of a plan
for--
(A) meeting the requirements of this subsection;
(B) collecting the data required to carry out an evaluation
of the lessons learned from the Pilot Program; and
(C) conducting such evaluation.
(h) Termination.--The Pilot Program shall terminate on the
earlier of--
(1) the date on which each project identified under
subsection (b)(1) has either been completed or has had all
agreements awarded to such project under the Pilot Program
terminated; or
(2) the date that is five years after the date of the
enactment of this Act.
SEC. 834. PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND
FIELDING OF INNOVATIVE TECHNOLOGIES.
(a) Pilot Program.--Subject to availability of
appropriations, the Secretary of Defense shall establish a
competitive, merit-based pilot program to accelerate the
procurement and fielding of innovative technologies by, with
respect to such technologies--
(1) reducing acquisition or life-cycle costs;
(2) addressing technical risks;
(3) improving the timeliness and thoroughness of test and
evaluation outcomes; and
(4) rapidly implementing such technologies to directly
support defense missions.
(b) Guidelines.--Not later than one year after the date of
the enactment of this Act, the Secretary shall issue
guidelines for the operation of the pilot program established
under this section. At a minimum such guidelines shall
provide for the following:
(1) The issuance of one or more solicitations for proposals
by the Department of Defense in support of the pilot program,
with a priority established for technologies developed by
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).
(2) A process for--
(A) the review of proposals received in response to a
solicitation issued under paragraph (1) by the Secretary of
Defense and by each Secretary of a military department;
(B) the merit-based selection of the most promising cost-
effective proposals; and
(C) the procurement of goods or services offered by such a
proposal through contracts, cooperative agreements, other
transaction authority, or by another appropriate process.
(c) Maximum Amount.--The total amount of funding provided
for any proposal selected for an award under the pilot
program established under this section shall not exceed
$50,000,000, unless the Secretary (or designee of the
Secretary) approves a greater amount of funding.
(d) Data Collection.--
(1) Plan required before implementation.--The Secretary of
Defense may not provide funding under this section until the
date on which the Secretary--
(A) completes a plan for carrying out the data collection
required under paragraph (2); and
(B) submits the plan to the congressional defense
committees.
(2) Data collection required.--The Secretary of Defense
shall collect and analyze data on the pilot program
established under this section for the purposes of--
(A) developing and sharing best practices for achieving the
objectives of the pilot program;
(B) providing information on the implementation of the
pilot program and related policy issues; and
(C) reporting to the congressional defense committees as
required under subsection (e).
(e) Biannual Reports.--Not later than March 1 and September
1 of each year beginning after the date of the enactment of
this Act until the termination of the pilot program
established under this section, the Secretary of Defense
shall submit to the congressional defense committees a report
on the pilot program.
(f) Termination.--The authority to carry out a pilot
program under this section shall terminate on September 30,
2027.
SEC. 835. INDEPENDENT STUDY ON TECHNICAL DEBT IN SOFTWARE-
INTENSIVE SYSTEMS.
(a) Study Required.--Not later than May 1, 2022, the
Secretary of Defense shall enter into an agreement with a
federally funded research and development center to study
technical debt in software-intensive systems, as determined
by the Under Secretary of Defense for Acquisition and
Sustainment.
(b) Study Elements.--The study required under subsection
(a) shall include analyses and recommendations, including
actionable and specific guidance and any recommendations for
statutory or regulatory modifications, on the following:
(1) Qualitative and quantitative measures which can be used
to identify a desired future state for software-intensive
systems.
(2) Qualitative and quantitative measures that can be used
to assess technical debt.
(3) Policies for data access to identify and assess
technical debt and best practices for software-intensive
systems to make such data appropriately available for use.
(4) Forms of technical debt which are suitable for
objective or subjective analysis.
(5) Current practices of Department of Defense software-
intensive systems to track and use data related to technical
debt.
(6) Appropriate individuals or organizations that should be
responsible for the identification and assessment of
technical debt, including the organization responsible for
independent assessments.
(7) Scenarios, frequency, or program phases during which
technical debt should be assessed.
(8) Best practices to identify, assess, and monitor the
accumulating costs technical debt.
(9) Criteria to support decisions by appropriate officials
on whether to incur, carry, or reduce technical debt.
(10) Practices for the Department of Defense to
incrementally adopt to initiate practices for managing or
reducing technical debt.
(c) Access to Data and Records.--The Secretary of Defense
shall ensure that the federally funded research and
development center selected under subsection (a) has
sufficient resources and access to technical data,
individuals, organizations, and records necessary to complete
the study required under this section.
(d) Report Required.--Not later than 18 months after
entering the agreement described in subsection (a), the
Secretary shall submit to the congressional defense
committees a report on the study required under subsection
(b), along with any additional information and views as
desired in publicly releasable and unclassified forms. The
Secretary may also include a classified annex to the study as
necessary.
(e) Briefings Required.--
(1) Initial briefing.--Not later than March 1, 2022, the
Secretary of Defense shall provide a briefing to the
congressional defense committees on activities undertaken and
planned to conduct the study required by subsection (a),
including any barriers to conducting such activities and the
resources to be provided to conduct such activities.
(2) Interim briefing required.--Not later than 12 months
after entering into the agreement under subsection (a), the
Secretary of Defense shall provide a briefing to the
congressional defense committees on interim analyses and
recommendations described in subsection (b) including those
that could require modifications to guidance, regulations, or
statute.
(3) Final briefing required.--Not later than 60 days after
the date on which the report required by subsection (d) is
submitted, the Secretary of Defense shall brief the
congressional defense committees on a plan and schedule for
implementing the recommendations provided in the report.
(f) Technical Debt Defined.--In this section, the term
``technical debt'' means an element of design or
implementation that is expedient in the short term, but that
would result in a technical context that can make a future
change costlier or impossible.
SEC. 836. CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION
EXPERTS.
(a) In General.--Not later than January 1, 2023, 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 software development,
acquisition, and sustainment to improve the effectiveness of
software development, acquisition, and sustainment programs
or activities of the Department of Defense.
(b) Structure.--The Under Secretary of Defense for
Acquisition and Sustainment--
(1) shall ensure the cadre has the appropriate number of
members;
(2) shall establish an appropriate leadership structure and
office within which the cadre shall be managed; and
(3) shall determine the appropriate officials to whom
members of the cadre shall report.
(c) Assignment.--The Under Secretary of Defense for
Acquisition and Sustainment shall establish processes to
assign members of the cadre to provide--
(1) expertise on matters relating to software development,
acquisition, and sustainment; and
(2) support for appropriate programs or activities of the
Department of Defense.
(d) Administration.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the
President of 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 personnel and acquisition
authorities to establish the cadre, as appropriate,
including--
(A) section 9903 of title 5, United States Code;
(B) authorities relating to services contracting;
(C) the Intergovernmental Personnel Act of 1970 (42 U.S.C.
4701 et seq.); and
(D) authorities relating to exchange programs with
industry.
(2) Assignments.--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.
(3) Preference.--In establishing the cadre, the Under
Secretary shall give preference to civilian employees of the
Department of Defense.
(e) Support of Members of the Armed Forces.--The Under
Secretary of Defense for Acquisition and Sustainment shall
continue to support efforts of the Secretaries concerned to
place members of the Armed Forces in software development,
acquisition, and sustainment positions and develop software
competence in members of the Armed Forces, including those
members with significant technical skill sets and experience
but who lack formal education, training, or a technology-
focused military occupation specialty.
(f) Funding.--The Under Secretary of Defense for
Acquisition and Sustainment is authorized to use amounts in
the Defense Acquisition Workforce Development Account
(established under section 1705 of title 10, United States
Code) for the purpose of recruitment, training, and retention
of members of the cadre, including by using such amounts to
pay salaries of newly hired members of the cadre for up to
three years.
(g) Compliance.--In carrying out this section, the Under
Secretary of Defense for Acquisition
[[Page H7017]]
and Sustainment 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.
Subtitle E--Provisions Relating to Supply Chain Security
SEC. 841. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE
INTEGRITY OF INDUSTRIAL BASE.
Section 2509 of title 10, United States Code is amended--
(1) in subsection (a)--
(A) by striking ``existing''; and
(B) by striking ``across the acquisition process'' and all
that follows through ``in the Department'';
(2) by striking subsections (f) and (g);
(3) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(4) by inserting after subsection (a) the following new
subsection:
``(b) Objective.--The objective of subsection (a) shall be
to employ digital tools, technologies, and approaches to
ensure the accessibility of relevant defense industrial base
data to key decision-makers in the Department.'';
(5) in subsection (c), as so redesignated--
(A) in paragraph (1), by adding ``in implementing
subsections (a) and (b)'' before the period at the end; and
(B) in paragraph (2)--
(i) in subparagraph (A)(viii), by inserting ``by the
Secretary of Defense'' before the period at the end; and
(ii) in subparagraph (B)--
(I) in the text preceding clause (i), by striking
``constitute'' and inserting ``constitutes or may
constitute'' ; and
(II) in clause (vii), by inserting ``by the Secretary of
Defense'' before the period at the end;
(6) in subsection (d)(11), as so redesignated, by adding
``as deemed appropriate by the Secretary'' before the period
at the end; and
(7) in subsection (e), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``timely''; and
(ii) in subparagraph (B)--
(I) by striking clause (ii) and inserting the following new
clause:
``(ii) A description of modern data infrastructure, tools,
and applications and an assessment of the extent to which new
capabilities would improve the effectiveness and efficiency
of mitigating the risks described in subsection (c)(2).'';
and
(II) in clause (iii), by inserting ``, including the
following'' after ``provides data''; and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2)(A) Based on the findings pursuant to paragraph (1),
the Secretary of Defense shall develop a unified set of
activities to modernize the systems of record, data sources
and collection methods, and data exposure mechanisms. The
unified set of activities should include--
``(i) the ability to continuously collect data on, assess,
and mitigate risks;
``(ii) data analytics and business intelligence tools and
methods; and
``(iii) continuous development and continuous delivery of
secure software to implement the activities.
``(B) In connection with the assessments described in this
section, the Secretary shall develop capabilities to map
supply chains and to assess risks to the supply chain for
major end items by business sector, vendor, program, part,
and other metrics as determined by the Secretary.''.
SEC. 842. MODIFICATION TO ANALYSES OF CERTAIN ACTIVITIES FOR
ACTION TO ADDRESS SOURCING AND INDUSTRIAL
CAPACITY.
Section 849 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``Not later than January
15, 2022,'' and inserting ``With respect to items listed in
paragraphs (1) through (13) of subsection (c), not later than
January 15, 2022, and with respect to items listed in
paragraphs (14) through (19) of such subsection, not later
than January 15, 2023,''; and
(B) in paragraph (2)--
(i) by striking ``The Secretary of Defense'' and inserting
``With respect to items listed in paragraphs (1) through (13)
of subsection (c), during the 2022 calendar year, and with
respect to items listed in paragraphs (14) through (19) of
such subsection, during the 2023 calendar year''; and
(ii) by striking ``submitted during the 2022 calendar
year''; and
(2) in subsection (c), by adding at the end the following
new paragraphs:
``(14) Beef products.
``(15) Molybdenum and molybdenum alloys.
``(16) Optical transmission equipment, including optical
fiber and cable equipment.
``(17) Armor on tactical ground vehicles.
``(18) Graphite processing.
``(19) Advanced AC-DC power converters.''.
SEC. 843. 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 anticorruption 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) Applicability.--Subsections (a) and (b) of this section
shall apply with respect to contracts entered into on or
after the date of the enactment of this Act.
(d) Consideration of Tradeoff Processes.--If the Secretary
of Defense awards a contract for fuel procurement for an
overseas contingency operation, the contracting officer for
such contract shall consider tradeoff processes (as described
in subpart 15 of the Federal Acquisition Regulation, or any
successor regulation), including consideration of past
performance evaluation, cost, anticorruption training, and
compliance. With respect to any such contract awarded for
which the contracting officer does not consider tradeoff
processes, the contracting officer shall, before issuing a
solicitation for such contract, submit to the Secretary a
written justification for not considering tradeoff processes
in awarding such contract.
SEC. 844. ASSESSMENT OF REQUIREMENTS FOR CERTAIN ITEMS TO
ADDRESS SUPPLY CHAIN VULNERABILITIES.
(a) Definitions.--In this section, the term ``dual-use''
has the meaning given in section 2500 of title 10, United
States Code.
(b) Assessment.--The Secretary of Defense shall assess the
requirements of the Department of Defense for dual-use items
covered by section 2533a of title 10, United States Code.
(c) Policies.--The Secretary of Defense shall develop or
revise and implement relevant policies to track and reduce
fluctuations in supply chain forecasting and encourage
predictable demand requirements for annual procurements of
such dual-use items by the Office the Secretary of Defense,
each military department, and the Defense Logistics Agency.
(d) Report and Briefings.--
(1) Assessment report.--
(A) In general.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional
defense committees a report on the findings of the assessment
conducted under subsection (b).
(B) Form.--The report required by subparagraph (A) shall be
submitted in an unclassified form, but may include a
classified annex to the extent required to protect the
national security of the United States.
(2) Quarterly briefings.--
(A) In general.--Not later than March 1, 2023, and
quarterly thereafter until March 1, 2026, each Secretary of a
military department and the Director of the Defense Logistics
Agency shall brief the Under Secretary of Defense for
Acquisition and Sustainment on the fluctuations in supply
chain forecasting and demand requirements for each dual-use
item covered by section 2533a of title 10, United States
Code.
(B) Documentation.--Each briefing under subparagraph (A)
shall be accompanied by documentation regarding the
particular points of discussion for that briefing, including
the fluctuations described in such subparagraph, expressed as
a percentage.
SEC. 845. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT
PRIORITIES.
The Secretary of Defense shall cooperate 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 considered and included where feasible in the
associated 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. 846. REPORT ON THE MANUFACTURING ENGINEERING EDUCATION
PROGRAM.
(a) Report Required.--Not later than March 1, 2023, the
Under Secretary of Defense for Acquisition and Sustainment,
in coordination with the Under Secretary of Defense for
Research and Engineering, shall submit to the congressional
defense committees a report on the Manufacturing Engineering
Education Program established under section 2196 of title 10,
United States Code (referred to in this section as the
``Program'').
(b) Elements.--The report required under subsection (a)
shall include the following elements for the Program:
(1) A summary of activities conducted, and grants or awards
made, during the previous fiscal year.
(2) The extent to which the Program can be modified to
improve collaboration among 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.
[[Page H7018]]
(3) An assessment of the benefits and costs of enhancing or
expanding the Program to include individuals attending
secondary schools and career and technical education programs
not considered institutions of higher education.
(4) Recommendations for legislative changes or other
incentives that could improve career pathways for individuals
seeking careers in manufacturing, particularly in support of
the defense industrial base.
(5) Other related matters the Secretary deems appropriate.
(c) Definitions.--In this section:
(1) 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).
(2) The term ``defense industrial base contractor'' means a
prime contractor or subcontractor (at any tier) in the
defense industrial base.
(3) The term ``institution of higher education'' has the
meaning given such term in section 1001 of title 20, United
States Code.
(4) The term ``labor organization'' has the meaning given
such term in section 2 of the National Labor Relations Act
(29 14 U.S.C. 152).
(5) 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. 847. PLAN AND REPORT ON REDUCTION OF RELIANCE ON
SERVICES, SUPPLIES, OR MATERIALS FROM COVERED
COUNTRIES.
(a) Plan.--The Secretary of Defense, in consultation with
the Secretary of State, shall develop and implement a plan
to--
(1) reduce the reliance of the United States on services,
supplies, or materials obtained from sources located in
geographic areas controlled by covered countries; and
(2) mitigate the risks to national security and the defense
supply chain arising from the reliance of the United States
on such sources for services, supplies, or materials to meet
critical defense requirements.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report describing
the plan required under subsection (a).
(c) Covered Country Defined.--In this section, the term
``covered country'' means North Korea, China, Russia, and
Iran.
SEC. 848. 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 knowingly 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.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue rules 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) 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) 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) The term ``XUAR'' means the Xinjiang Uyghur Autonomous
Region of the People's Republic of China.
Subtitle F--Industrial Base Matters
SEC. 851. 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:
``(4) 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.
``(5) 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).
``(6) 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
include 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. 852. 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
[[Page H7019]]
program under which the Commander shall 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 (15 U.S.C. 638(f)).
``(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
such section 9(f) 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.
``(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) 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. 853. 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 note) is amended by
adding at the end the following new paragraphs:
``(5) Additional testing.--Not later than 180 days after
the date of the enactment of this paragraph, the
Administrator shall--
``(A) begin testing commercial e-commerce portal models
(other than any such model selected for the initial proof of
concept) identified pursuant to paragraph (2); and
``(B) submit to the congressional defense committees, the
Committee on Oversight and Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes--
``(i) a summary of the assessments conducted under
paragraph (2) with respect to a commercial e-commerce portal
model identified pursuant to such paragraph;
``(ii) a list of the types of commercial products that
could be procured using models tested pursuant to
subparagraph (A);
``(iii) an estimate of the amount that could be spent by
the head of a department or agency under the program,
disaggregated by type of commercial e-commerce portal model;
and
``(iv) an update on the models tested pursuant to
subparagraph (A) 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, the Committee on Oversight
and Reform of the House of Representatives, and the Committee
on Homeland Security and Governmental Affairs of the Senate,
a report on the results of such testing that includes--
``(A) an assessment and comparison of commercial e-commerce
portal models with respect to--
``(i) price and quality of the commercial products 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 such commercial e-commerce portal
model.''.
SEC. 854. REQUIREMENT FOR INDUSTRY DAYS AND REQUESTS FOR
INFORMATION TO BE OPEN TO ALLIED DEFENSE
CONTRACTORS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, each service acquisition executive
shall implement a requirement that industry days and requests
for information regarding acquisition programs and research
and development efforts of the Department of Defense shall,
to the maximum extent practicable, be open to defense
contractors of the national technology and industrial base,
including when such contractors are acting as subcontractors
in partnership with a United States contractor, provided such
access is granted only if the Secretary of Defense or the
relevant Secretary concerned determines that there is
reciprocal access for United States companies to equivalent
information related to contracting opportunities in the
associated country that is part of the national technology
and industrial base.
(b) Definitions.--In this section:
(1) National technology and industrial base.--The term
``national technology and industrial base'' has the meaning
given the term in section 2500 of title 10, United States
Code.
(2) Secretary concerned; service acquisition executive.--
The terms ``Secretary concerned'' and ``service acquisition
executive'' have the meanings given such terms in section
101(a) of title 10, United States Code.
SEC. 855. EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS WHO
PERFORM WORK IN THE PEOPLE'S REPUBLIC OF CHINA.
(a) Disclosure Requirements.--
(1) Initial disclosures.--The Secretary of Defense shall
require each covered entity to disclose to the Secretary of
Defense if the entity employs one or more individuals who
will perform work in the People's Republic of China on a
covered contract when the entity submits a bid or proposal
for such covered contract, except that such disclosure shall
not be required to the extent that the Secretary determines
that such disclosure would not be in the interest of national
security.
(2) Recurring disclosures.--For each of fiscal years 2023
and 2024, the Secretary of Defense shall require each covered
entity that is a party to one or more covered contracts in
the fiscal year to disclose to the Secretary if the entity
employs one or more individuals who perform work in the
People's Republic of China on any such contract.
(3) Matters to be included.--If a covered entity required
to make a disclosure under paragraph (1) or (2) employs any
individual who will perform work in the People's Republic of
China on a covered contract, such disclosure shall include--
(A) the total number of such individuals who will perform
work in the People's Republic of China on the covered
contracts funded by the Department of Defense; and
(B) a description of the physical presence in the People's
Republic of China where work on the covered contract will be
performed.
(b) Funding for Covered Entities.--The Secretary of Defense
may not award a covered contract to, or renew a covered
contract with, a covered entity unless such covered entity
has
[[Page H7020]]
submitted each disclosure such covered entity is required to
submit under subsection (a).
(c) Semi-annual Briefing.--Beginning on January 1, 2023,
the Secretary of Defense shall provide to the congressional
defense committees semi-annual briefings that summarize the
disclosures received by the Department over the previous 180
days pursuant to this section, and such briefings may be
classified.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
any Department of Defense contract or subcontract with a
value in excess of $5,000,000, excluding contracts for
commercial products or services.
(2) Covered entity.--The term ``covered entity'' means any
corporation, company, limited liability company, limited
partnership, business trust, business association, or other
similar entity, including any subsidiary thereof, performing
work on a covered contract in the People's Republic of China,
including by leasing or owning real property used in the
performance of the covered contract in the People's Republic
of China.
(e) Effective Date.--This section shall take effect on July
1, 2022.
SEC. 856. BRIEFING ON COMPLIANCE WITH CONTRACTOR LOBBYING
RESTRICTIONS.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide the congressional defense committees with a
briefing on the progress of the Department in ensuring
compliance with the requirements of section 1045 of the
National Defense Authorization Act for Fiscal Year 2018 (10
U.S.C. 971 note prec; Public Law 115-91; 131 Stat. 155).
(b) Elements.--The briefing required in paragraph (a) shall
include--
(1) the number, title, and status of any open Defense
Federal Acquisition Regulation Supplement case relating to
such section;
(2) the timeline for closing any such Defense Federal
Acquisition Regulation Supplement case; and
(3) other related matters the Secretary deems appropriate.
SEC. 857. CONGRESSIONAL OVERSIGHT OF PERSONNEL AND CONTRACTS
OF PRIVATE SECURITY CONTRACTORS.
(a) Report on Actions Taken to Implement Government
Accountability Office Recommendations.--Not later than
October 1, 2022, the Secretary of Defense, in consultation
with each Secretary of a military department (as defined in
section 101 of title 10, United States Code), shall submit to
the congressional defense committees a report on the efforts
and plans of the Department of Defense to implement the
recommendations contained in the report of the Government
Accountability Office titled ``Private Security Contractors:
DOD Needs to Better Identify and Monitor Personnel and
Contracts'' (GAO-21-255), dated July 29, 2021.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a summary of the actions planned or taken by the
Secretary of Defense to implement the recommendations in the
report of the Government Accountability Office described in
such subsection; and
(2) a schedule for completing the implementation of each
such recommendation, including specific milestones for such
implementation.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
Subtitle G--Small Business Matters
SEC. 861. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC
INFLATION ADJUSTMENTS TO THE ACQUISITION-
RELATED DOLLAR THRESHOLD.
(a) In General.--Section 1908(b)(2) of title 41, United
States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) in sections 3131 through 3134 of title 40, except any
modification of any such dollar threshold made by regulation
in effect on the date of the enactment of this subparagraph
shall remain in effect.''.
(b) Technical Amendment.--Section 1908(d) of such title is
amended by striking the period at the end.
SEC. 862. MODIFICATION TO THE PILOT PROGRAM FOR STREAMLINING
AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS.
(a) Extension.--Subsection (f) of section 873 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) Data Collection.--The Secretary of Defense shall
develop and implement a plan to collect and analyze data on
the use of authority under such section 873 for the purposes
of--
(1) developing and sharing best practices; and
(2) providing information to the Secretary of Defense and
Congress on the use of authority under such section 873 and
related policy issues.
(c) Recommendation on Extension.--Not later than April 1,
2023, the Secretary of Defense shall submit to the
congressional defense committees a recommendation regarding a
further extension of the pilot program for streamlining
awards for innovative technology projects established under
such section 873, and if applicable, the duration of any such
extension.
SEC. 863. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF
BUSINESS CONCERNS.
Section 5(i) of the Small Business Act (15 U.S.C. 634(i))
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Determinations regarding status of concerns.--
``(A) In general.--Not later than 2 days after the date on
which a final determination that a business concern does not
meet the requirements of the status such concern claims to
hold is made, such concern or the Administrator, as
applicable, shall update the status of such concern in the
System for Award Management (or any successor system).
``(B) Administrator updates.--If such concern fails to
update the status of such concern as described in
subparagraph (A), not later than 2 days after such failure
the Administrator shall make such update.
``(C) Notification.--A concern required to make an update
described under subparagraph (A) shall notify a contracting
officer for each contract with respect to which such concern
has an offer or bid pending of the determination made under
subparagraph (A), if the concern finds, in good faith, that
such determination affects the eligibility of the concern to
perform such a contract.''.
SEC. 864. AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS TO
DECIDE APPEALS RELATING TO QUALIFIED HUBZONE
SMALL BUSINESS CONCERNS.
Not later than 1 year after the date of the enactment of
this Act, the Administrator of the Small Business
Administration shall issue a rule authorizing the Office of
Hearings and Appeals of the Administration to decide all
appeals from formal protest determinations in connection with
the status of a concern as a qualified HUBZone small business
concern (as such term is defined in section 31(b) of the
Small Business Act (15 U.S.C. 657a(b)).
SEC. 865. REPORT ON UNFUNDED PRIORITIES OF THE SMALL BUSINESS
INNOVATION RESEARCH AND SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM.
(a) In General.--Not later than 10 days after the date on
which the budget of the President for fiscal years 2022
through 2032 is submitted to Congress pursuant to section
1105 of title 31, United States Code, each Secretary of a
military department and the Under Secretary of Defense for
Research and Engineering shall submit to the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, and the
congressional defense committees a report on unfunded
priorities of the Department of Defense related to high-
priority Small Business Innovation Research and Small
Business Technology Transfer projects.
(b) Elements.--
(1) In general.--Each report under subsection (a) shall
include identification of not more than five unfunded
priority projects and the following information for each such
unfunded priority project:
(A) A summary description of the unfunded priority project,
including the objectives to be achieved if such project were
to be funded (either in whole or in part).
(B) The additional amount of funds recommended to achieve
the objectives identified under subparagraph (A).
(C) Account information with respect to such unfunded
priority project, including, as applicable, the following:
(i) Line item number, in the case of applicable procurement
accounts.
(ii) Program element number, in the case of applicable
research, development, test, and evaluation accounts.
(iii) Subactivity group, in the case of applicable
operation and maintenance accounts.
(2) Priority.--Each Secretary of a military department and
the Under Secretary of Defense for Research and Engineering
shall ensure that the unfunded priorities covered by a report
submitted under subsection (a) are listed in the order of
urgency of priority.
(c) Definitions.--In this section:
(1) Unfunded priority.--The term ``unfunded priority'',
with respect to a fiscal year, means a specific project
related to a project successfully funded under Phase II of
the Small Business Innovation Research or Small Business
Technology Transfer program that--
(A) is not funded in the budget of the President for that
fiscal year, as submitted to Congress pursuant to section
1105 of title 31, United States Code;
(B) has the potential to--
(i) advance the national security capabilities of the
United States;
(ii) provide new technologies or processes, or new
applications of existing technologies or processes, that will
enable new alternatives to existing programs; and
(iii) provide future cost savings; and
(C) would have been recommended for funding through the
budget referred to in subparagraph (A) if--
(i) additional resources had been available to fund the
program, activity, or mission requirement to which the
specific project relates; or
(ii) the program, activity, or mission requirement for such
specific project had emerged before the budget was
formulated.
(2) Phase ii; small business innovation research; small
business technology transfer.--The terms ``Phase II'',
``Small Business Innovation Research'', and ``Small Business
Technology Transfer'' have the meanings given such terms,
respectively, in section 9(e) of the Small Business Act (15
U.S.C. 638(e)).
SEC. 866. REPORT ON CYBERSECURITY MATURITY MODEL
CERTIFICATION EFFECTS ON SMALL BUSINESS.
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, the Committee on Small
Business and
[[Page H7021]]
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives a report on the
effects of the Cybersecurity Maturity Model Certification
framework of the Department of Defense on small business
concerns (as defined under section 3 of the Small Business
Act (15 U.S.C. 632), including--
(1) the estimated costs of complying with each level of the
framework based on verified representative samples of actual
costs of compliance small business concerns and an
explanation of how these costs will be recoverable by such
small business concerns;
(2) the estimated change in the number of small business
concerns that are part of the defense industrial base
resulting from the implementation and use of the framework;
(3) explanations of how the Department of Defense will--
(A) mitigate negative effects to such small business
concerns resulting from the implementation and use of the
framework;
(B) ensure small business concerns are trained on the
requirements for passing a third-party assessment, self-
assessment, or Government-assessment, as applicable, for
compliance with the relevant level of the framework; and
(C) work with small business concerns and nontraditional
defense contractors (as defined under section 2302 of title
10, United States Code) to enable such concerns and
contractors to bid on and win contracts with the Department
without first having to risk funds on costly security
certifications; and
(4) the plan of the Department for conducting oversight of
third parties conducting assessments of compliance with the
applicable protocols under the framework.
SEC. 867. DATA ON PHASE III SMALL BUSINESS INNOVATION
RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER
PROGRAM AWARDS.
(a) Definitions.--In this section, the terms ``Phase I'',
``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the
meanings given those terms in section 9(e) of the Small
Business Act (15 U.S.C. 638(e)).
(b) Data on Phase III Awards.--Each Secretary of a military
department (as defined in section 101 of title 10, United
States Code) shall collect and submit to the President for
inclusion in each budget submitted to Congress under section
1105 of title 31, United States Code, data on the Phase III
awards under the SBIR and STTR programs of the military
department of the Secretary for the immediately preceding
fiscal year, including--
(1) the cumulative funding amount for Phase III awards;
(2) the number of Phase III award topics;
(3) the total funding obligated for Phase III awards by
State;
(4) the original Phase I or Phase II award topics and the
associated Phase III contracts awarded;
(5) where possible, an identification of the specific
program executive office involved in each Phase III
transition; and
(6) a list of the five highest performing projects, as
determined by the Secretary.
Subtitle H--Other Matters
SEC. 871. MISSION MANAGEMENT PILOT PROGRAM.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Defense shall establish 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 key stakeholders, including the Joint
Staff, 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 the initial
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) Responsibility.--The mission selected under
subparagraph (A) shall be established within the Strategic
Capabilities Office of the Department of Defense, in
coordination with the Office of the Under Secretary of
Defense for Research and Engineering.
(C) 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
Technology Cross-Functional Team of the Strategic
Capabilities Office that is chaired by the Under Secretary of
Defense for Research and Engineering.
(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, cross-program, and
cross-domain 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, cross-program, and
cross-domain operational needs; and
(ii) address future changes to existing critical cross-
service, cross-program, and cross-domain operational needs by
providing additional capabilities;
(C) work with the combatant command responsible for such
mission and the related planning organizers, program managers
of a covered Armed Force, 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),
including by incenting and working with program managers of a
covered Armed Force; 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) Appointment.--Each mission selected under subsection
(b) shall have a mission manager--
(A) appointed at the time of mission approval; and
(B) who may be from any suitable organization, except that
the mission manager with respect the initial mission under
(b)(3) shall be the Director of the Strategic Capabilities
Office.
(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 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 mission managers to
effectively and efficiently carry out the pilot program with
respect to the missions selected under subsection (b); and
(2) whether the mission managers have 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, cross-program, and cross-domain
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
[[Page H7022]]
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, cross-program, and cross-domain operational needs.
(h) Termination Date.--The pilot program shall terminate on
the date that is five 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-domain.--The term ``cross-domain'' means
pertaining to multiple operational domains of land, maritime,
air, space, and cyberspace.
(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. 872. ESTABLISHMENT OF MISSION-ORIENTED PILOT PROGRAMS TO
CLOSE SIGNIFICANT CAPABILITIES GAPS.
(a) In General.--The Secretary of Defense shall establish,
within the Strategic Capabilities Office of the Office of the
Secretary of Defense, not fewer than two mission-oriented
integration pilot programs with the objective of closing
significant capabilities gaps by developing and implementing
capabilities and by synchronizing and integrating missions
across covered Armed Forces and Defense Agencies.
(b) Elements.--The pilot programs established under
subsection (a) shall--
(1) seek to address specific outstanding operational
challenges of high importance to the operational plans of the
United States Indo-Pacific Command and the United States
European Command;
(2) be designed to leverage industry cost sharing by using
sources such as private equity and venture capital funding to
develop technologies and overall capabilities that resolve
significant capability gaps for delivery to the Department of
Defense, as a product or as a service;
(3) not later than three years after the date on which the
pilot program commences, demonstrate the efficacy of the
solutions being developed under the pilot program;
(4) deliver an operational capability not later than five
years after the pilot program commences;
(5) provide an operationally relevant solution for--
(A)(i) maintaining resilient aircraft operations in and
around Guam in the face of evolving regional threats,
including large salvo supersonic and hypersonic missile
threats; or
(ii) an operational challenge of similar strategic
importance and relevance to the responsibilities and plans of
the United States Indo-Pacific Command or the United States
European Command; and
(B)(i) providing a resilient logistic and resupply
capability in the face of evolving regional threats,
including operations within an anti-access-area denial
environment; or
(ii) an operational challenge of similar strategic
importance and relevance to the responsibilities and plans of
the United States Indo-Pacific Command; and
(6) incorporate--
(A) existing and planned Department of Defense systems and
capabilities to achieve mission objectives; and
(B) to the extent practicable, technologies that have
military applications and the potential for nonmilitary
applications.
(c) Role of Strategic Capabilities Office.--
(1) In general.--With respect to the pilot programs
established under subsection (a), the Director of the
Strategic Capabilities Office, in consultation with the Under
Secretary of Defense for Research and Engineering, shall--
(A) assign mission managers or program managers--
(i) to coordinate and collaborate with entities awarded
contracts or agreements under the pilot program, parties to
cost sharing agreements for such awarded contracts or
agreements, combatant commands, and military departments to
define mission requirements and solutions; and
(ii) to coordinate and monitor pilot program
implementation;
(B) provide technical assistance for pilot program
activities, including developing and implementing metrics,
which shall be used--
(i) to assess each operational challenge such pilot
programs are addressing; and
(ii) to characterize the resilience of solutions being
developed under the pilot programs to known threats and
single points of failure;
(C) provide operational use case expertise to the entities
awarded contracts or agreements under the pilot program and
parties to cost sharing agreements for such awarded contracts
or agreements;
(D) serve as the liaison between the Armed Forces, the
combatant commanders, and the participants in the pilot
programs; and
(E) use flexible acquisition practices and authorities,
including--
(i) the authorities under section 2371 and 2371b of title
10, United States Code;
(ii) payments for demonstrated progress;
(iii) authorities under the Defense Production Act of 1950
(50 U.S.C. 4501 et seq.); and
(iv) other acquisition practices that support efficient and
effective access to emerging technologies and capabilities,
including technologies and capabilities from companies funded
with private investment.
(2) Reports to congress.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Director of the Strategic Capabilities Office
shall submit to the congressional defense committees a report
on the pilot programs.
(d) Additional Authorities.--The Secretary of Defense shall
assess authorities required for such mission managers and
program managers to effectively and efficiently fulfill their
responsibilities under the pilot programs, including the
delegation of personnel hiring and contracting authorities.
(e) Data.--The Secretary of Defense shall establish
mechanisms to collect and analyze data on the implementation
of the pilot programs for the purposes of--
(1) developing and sharing best practices for achieving
goals established for the pilot programs; and
(2) providing information to the Secretary and the
congressional defense committees on--
(A) the implementation of the pilot programs; and
(B) related policy issues.
(f) Recommendations.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a
recommendation with respect to continuing or expanding the
pilot program.
(g) Transition of Pilot Program Responsibilities.--
Beginning in fiscal year 2025, the Secretary may transition
the responsibility for the pilot programs to another
organization.
(h) 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) Defense agency.--The term ``Defense Agency'' has the
meaning given such term in section 101(a) of title 10, United
States Code.
(3) Mission manager.--The term ``mission manager'' means an
individual that, with respect to a mission under a pilot
program established under subsection (a), shall have the
responsibilities described in subparagraphs (B) through (F)
of section 871(c)(2) of this Act.
SEC. 873. INDEPENDENT STUDY ON ACQUISITION PRACTICES AND
POLICIES.
(a) Study Required.--Not later than March 30, 2022, the
Secretary of Defense shall enter into an agreement with a
federally funded research and development center under which
such center shall conduct a study on the acquisition
practices and policies described in subsection (b).
(b) Study Elements.--The study required under subsection
(a) shall identify the knowledge and tools needed for the
acquisition workforce of the Department of Defense to--
(1) engage in acquisition planning practices that assess
the cost, resource, and energy preservation differences
resulting from selecting environmentally preferable goods or
services when identifying requirements or drafting statements
of work;
(2) engage in acquisition planning practices that promote
the acquisition of resilient and resource-efficient goods and
services and that support innovation in environmental
technologies, including--
(A) technical specifications that establish performance
levels for goods and services to diminish greenhouse gas
emissions;
(B) statements of work or specifications restricted to
environmentally preferable goods or services where the
quality, availability, and price is comparable to traditional
goods or services;
(C) engaging in public-private partnerships to design,
build, and fund resilient, low-carbon infrastructure;
(D) collaborating with local jurisdictions surrounding
military installations, with a focus on reducing
environmental costs; and
[[Page H7023]]
(E) technical specifications that consider risk to supply
chains from extreme weather and changes in environmental
conditions;
(3) employ source selection practices that promote the
acquisition of resilient and resource-efficient goods and
services and that support innovation in environmental
technologies, including--
(A) considering resilience, 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) evaluating the veracity of certifications and labels
purporting to convey information about the environmental
impact of a good or service; and
(D) considering the costs of a good or service that will be
incurred throughout its lifetime, including operating costs,
maintenance, end of life costs, and residual value, including
costs resulting from the carbon dioxide and other greenhouse
gas emissions associated with the good or service; and
(4) consider external effects, including economic,
environmental, and social, arising over the entire life cycle
of an acquisition when making acquisition planning and source
selection decisions.
(c) Submission to Department of Defense.--Not later than
one year after the date of the enactment of this Act, the
federally funded research and development center that
conducts the study under subsection (a) shall submit to the
Secretary of Defense a report on the results of the study in
an unclassified form but may include a classified annex.
(d) Submission to Congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the
report under subsection (c), the Secretary shall submit to
the congressional defense committees an unaltered copy along
with any comments the Secretary may have with respect to the
report.
(e) Definitions.--In this section:
(1) 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 or achieve the same or substantially similar
result. The comparison may consider raw materials
acquisition, production, manufacturing, packaging,
distribution, reuse, operation, maintenance, or disposal of
the good or service.
(2) 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.
SEC. 874. PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH
EMPLOYEE-OWNED BUSINESSES.
(a) Qualified Business Wholly-owned Through an Employee
Stock Ownership Plan Defined.--The term ``qualified
businesses wholly-owned through an Employee Stock Ownership
Plan'' means an S corporation (as defined in section
1361(a)(1) of the Internal Revenue Code of 1986) for which
100 percent of the outstanding stock is held through an
employee stock ownership plan (as defined in section
4975(e)(7) of such Code).
(b) Pilot Program to Use Noncompetitive Procedures for
Certain Follow-on Contracts to Qualified Businesses Wholly-
Owned Through an Employee Stock Ownership Plan.--
(1) Establishment.--The Secretary of Defense may establish
a pilot program to carry out the requirements of this
section.
(2) Follow-on contracts.--Notwithstanding the requirements
of section 2304 of title 10, United States Code, and with
respect to a follow-on contract for the continued
development, production, or provision of products or services
that are the same as or substantially similar to the products
or services procured by the Department of Defense under a
prior contract held by a qualified business wholly-owned
through an Employee Stock Ownership Plan, the products or
services to be procured under the follow-on contract may be
procured by the Department of Defense through procedures
other than competitive procedures if the performance of the
qualified business wholly-owned through an Employee Stock
Ownership Plan on the prior contract was rated as
satisfactory (or the equivalent) or better in the applicable
past performance database.
(3) Limitation.--A qualified business wholly-owned through
an Employee Stock Ownership Plan may have a single
opportunity for award of a sole-source follow-on contract
under this section, unless a senior contracting official (as
defined in section 1737 of title 10, United States Code)
approves a waiver of the requirements of this section.
(c) Verification and Reporting of Qualified Businesses
Wholly-owned Through an Employee Stock Ownership Plan.--Under
a pilot program established under this section, the Secretary
of Defense shall establish procedures--
(1) for businesses to verify status as a qualified
businesses wholly-owned through an Employee Stock Ownership
Plan for the purposes of this section by using existing
Federal reporting mechanisms;
(2) for a qualified businesses wholly-owned through an
Employee Stock Ownership Plan to certify that not more than
50 percent of the amount paid under the contract will be
expended on subcontracts, subject to such necessary and
reasonable waivers as the Secretary may prescribe; and
(3) to record information on each follow-on contract
awarded under subsection (b), including details relevant to
the nature of such contract and the qualified business
wholly-owned through an Employee Stock Ownership Plan that
received such contract, and to provide such information to
the Comptroller General of the United States.
(d) Data.--
(1) In general.--If the Secretary of Defense establishes a
pilot program under this section, the Secretary shall
establish mechanisms to collect and analyze data on the pilot
program for the purposes of--
(A) developing and sharing best practices relating to the
pilot program;
(B) providing information to leadership and the
congressional defense committees on the pilot program,
including with respect to each qualified business wholly-
owned through an Employee Stock Ownership Plan that received
a follow-on contract under this section--
(i) the size of such business;
(ii) performance of the follow-on contract; and
(iii) other information as determined necessary; and
(C) providing information to leadership and the
congressional defense committees on policy issues related to
the pilot program.
(2) Limitation.--The Secretary of Defense may not carry out
the pilot program under this section before--
(A) completing a data collection and reporting strategy and
plan to meet the requirements of this subsection; and
(B) submitting the strategy and plan to the congressional
defense committees.
(e) Sunset.--Any pilot program established under this
section shall expire on the date that is five years after the
date of the enactment of this Act.
(f) Comptroller General Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on any
individual and aggregate uses of the authority under a pilot
program established under this section.
(2) Elements.--The report under paragraph (1) shall include
the following elements:
(A) An assessment of the frequency and nature of the use of
the authority under the pilot program.
(B) An assessment of the impact of the pilot program in
supporting the national defense strategy required under
section 113(g) of title 10, United States Code.
(C) The number of businesses that became qualified
businesses wholly-owned through an Employee Stock Ownership
Plan in order to benefit from the pilot program and the
factors that influenced that decision.
(D) Acquisition authorities that could incentivize
businesses to become qualified businesses wholly-owned
through an Employee Stock Ownership Plan, including an
extension of the pilot program.
(E) Any related matters the Comptroller General considers
appropriate.
SEC. 875. GUIDANCE, TRAINING, AND REPORT ON PLACE OF
PERFORMANCE CONTRACT REQUIREMENTS.
(a) Guidance and Training.--Not later than July 1, 2022,
the Secretary of Defense shall--
(1) issue guidance on covered contracts to ensure that, to
the maximum extent practicable, the terms of such covered
contract avoid specifying an unnecessarily restrictive place
of performance for such covered contract; and
(2) implement any necessary training for appropriate
individuals relating to the guidance required under paragraph
(1).
(b) Report.--
(1) In general.--Not later than July 1, 2022, the Secretary
of Defense shall submit to the congressional defense
committees a report on covered contracts.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of the criteria that is considered when
the Secretary specifies a particular place of performance in
a covered contract.
(B) The number of covered contracts awarded during each of
fiscal years 2016 through 2020.
(C) An assessment of the extent to which revisions to
guidance or regulations related to the use of covered
contracts could improve the effectiveness and efficiency of
the Department of Defense, including a description of such
revisions.
(c) Covered Contract Defined.--In this section, the term
``covered contract'' means a contract for which the Secretary
of Defense specifies the place of performance for such
contract.
SEC. 876. NOTIFICATION OF CERTAIN INTERGOVERNMENTAL SUPPORT
AGREEMENTS.
(a) Notification Required.--During fiscal years 2022 and
2023, not less than 60 days before entering into an
intergovernmental support agreement under section 2679 of
title 10, United States Code, that is an exception to the
requirements of chapter 85 of title 41, United States Code,
the Secretary concerned shall submit, in writing, to the
congressional defense committees a report including the
following relating to such agreement:
(1) The circumstances that resulted in the need to enter
into an intergovernmental support agreement that included
such exception.
(2) The anticipated benefits of entering into such
agreement that included such exception.
(3) The anticipated impact on persons covered under such
chapter 85 because of such exception.
(4) The extent to which such agreement complies with
applicable policies, directives, or other guidance of the
Department of Defense.
(b) Recommendations.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees, along with the budget
request materials
[[Page H7024]]
for fiscal year 2023, specific recommendations for
modifications to the legislative text of subsection (a)(1) of
section 2679 of title 10, United States Code, along with a
rationale for any such modifications, to identify specific
provisions of Federal contracting law appropriate for waiver
or exemption to ensure effective use of intergovernmental
support agreements under such section.
(2) Budget request materials defined.--In this subsection,
the term ``budget request materials'' means the materials
submitted to Congress by the President under section 1105(a)
of title 31, United States Code.
(c) Briefing Required.--Not later than 6 months after the
date of enactment of this Act the Secretary of Defense shall
provide to the congressional defense committees a briefing on
activities taken to carry out the requirements of this
section.
(d) Policy Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall issue guidance to clarify the use of the authority
under section 2679 of title 10, United States Code, including
with respect to--
(1) the application of other requirements of acquisition
law and policy; and
(2) chapter 85 of title 41, United States Code.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of the Army, with respect to matters
concerning the Army;
(2) the Secretary of the Navy, with respect to matters
concerning the Navy and the Marine Corps; and
(3) the Secretary of the Air Force, with respect to matters
concerning the Air Force and the Space Force.
SEC. 877. REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN
DEPARTMENT OF THE NAVY.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report
describing in detail the processing of requests for equitable
adjustment by the Department of the Navy between October 1,
2011, and the date of the enactment of this Act, including
progress by components within the Department of the Navy in
complying with the covered directive.
(b) Contents.--The report required under subsection (a)
shall include, at a minimum, the following:
(1) The number of requests for equitable adjustment
submitted between October 1, 2011, and the date of the
enactment of this Act.
(2) The components within the Department of the Navy to
which each such request was submitted.
(3) The number of requests for equitable adjustment
outstanding as of the date of the enactment of this Act.
(4) The number of requests for equitable adjustment settled
but not paid as of the date of the enactment of this Act,
including a description of why each such request has not been
paid.
(5) A detailed explanation of the efforts by the Secretary
of the Navy to ensure compliance of components within the
Department of the Navy with the covered directive.
(c) Covered Directive Defined.--In this section, the term
``covered directive'' means the directive of the Assistant
Secretary of the Navy for Research, Development, and
Acquisition, dated March 20, 2020, and titled ``(Intent and
Direction) Withholds and Retentions During COVID-19''
requiring--
(1) payment to contractors of all settled requests for
equitable adjustment; and
(2) the expeditious resolution of all outstanding requests
for equitable adjustment.
SEC. 878. MILITARY STANDARDS FOR ARMOR MATERIALS IN VEHICLE
SPECIFICATIONS.
(a) In General.--Not later than June 30, 2022, the
Secretary of the Army shall establish technical specification
standards for all metal and non-metal armor for incorporation
into specifications for current and future armored vehicles
developed or procured by the Department of the Army.
(b) Report Required.--
(1) In general.--On the date on which the standards
described in subsection (a) are established under such
subsection, the Secretary of the Army shall submit to the
congressional defense committees a report describing--
(A) the establishment of such standards; and
(B) the strategy for incorporating such standards as
requirements for armored vehicles developed and procured by
the Department of the Army.
(2) Form.--The report required by paragraph (1) shall be in
an unclassified form, but may include a classified annex.
(c) Armored Vehicle Defined.--For purposes of this section,
the term ``armored vehicle'' means a tracked or wheeled
tactical vehicle incorporating armor in its manufacture.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in eligibility requirements for appointment to certain
Department of Defense leadership positions.
Sec. 902. Clarification of treatment of Office of Local Defense
Community Cooperation as a Department of Defense Field
Activity.
Sec. 903. Enhanced role of the Under Secretary of Defense for Research
and Engineering on the Joint Requirements Oversight
Council.
Sec. 904. Implementation of repeal of Chief Management Officer of the
Department of Defense.
Sec. 905. Space Force organizational matters and modification of
certain space-related acquisition authorities.
Sec. 906. Assignments for participants in the John S. McCain Strategic
Defense Fellows Program.
Sec. 907. Designation of senior official for implementation of
Electromagnetic Spectrum Superiority Strategy.
Sec. 908. Management innovation activities.
Sec. 909. Digital talent recruiting officer.
Sec. 910. Cross-functional team for emerging threat relating to
anomalous health incidents.
Sec. 911. Alignment of Close Combat Lethality Task Force.
Sec. 912. Independent review of and report on the Unified Command Plan.
Sec. 913. Study and report on the role and organization of space assets
in the reserve components.
SEC. 901. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT
TO CERTAIN DEPARTMENT OF DEFENSE LEADERSHIP
POSITIONS.
(a) Secretary of Defense.--Subsection (a) of section 113 of
title 10, United States Code, is amended to read as follows:
``(a)(1) There is a Secretary of Defense, who is the head
of the Department of Defense, appointed from civilian life by
the President, by and with the advice and consent of the
Senate.
``(2) A person may not be appointed as Secretary of
Defense--
``(A) within seven years after relief from active duty as a
commissioned officer of a regular component of an armed force
in a grade below O-7; or
``(B) within 10 years after relief from active duty as a
commissioned officer of a regular component of an armed force
in the grade of O-7 or above.''.
(b) Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.--Section 138(b)(2)(A) of title
10, United States Code, is amended by inserting after the
third sentence the following: ``A person may not be appointed
as Assistant Secretary within seven years after relief from
active duty as a commissioned officer of a regular component
of an armed force.''.
(c) Secretary of the Army.--Section 7013(a)(2) of title 10,
United States Code, is amended by striking ``five'' and
inserting ``seven''.
(d) Secretary of the Navy.--Section 8013(a)(2) of title 10,
United States Code, is amended by striking ``five'' and
inserting ``seven''.
(e) Secretary of the Air Force.--Section 9013(a)(2) of
title 10, United States Code, is amended by striking ``five''
and inserting ``seven''.
(f) Technical Corrections Relating to Other Positions.--
(1) Under secretary of defense (comptroller).--Section
135(a)(1) of title 10, United States Code, is amended by
striking ``the armed forces'' and inserting ``an armed
force''.
(2) Under secretary of defense for personnel and
readiness.--Section 136(a) of title 10, United States Code,
is amended by striking ``the armed forces'' and inserting
``an armed force''.
(3) Under secretary of defense for intelligence and
security.--Section 137(a) of title 10, United States Code, is
amended by striking ``the armed forces'' and inserting ``an
armed force''.
(g) Applicability.--The amendments made by subsections (a)
through (e) shall apply with respect to appointments made on
or after the date of the enactment of this Act.
SEC. 902. 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
[[Page H7025]]
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. 903. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING ON THE JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
(a) In General.--Section 181 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) increasing awareness of global trends, threats, and
adversary capabilities to address gaps in joint military
capabilities and validate joint requirements developed by the
military departments;''; and
(2) in subsection (d)(1)(D), by striking the period at the
end and inserting the following: ``who shall serve as the
Chief Technical Advisor to the Council and--
``(i) shall provide assistance in evaluating the technical
feasibility of requirements under development; and
``(ii) shall identify options for expanding or generating
new requirements based on opportunities provided by new or
emerging technologies.''.
(b) Independent Study.--
(1) Study required.--The Secretary of Defense shall enter
into an agreement with a covered entity to conduct an
independent study assessing the role of the Under Secretary
of Defense for Research and Engineering on the Joint
Requirements Oversight Council.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) The current role and contribution of the Under
Secretary of Defense for Research and Engineering to the
Joint Requirements Oversight Council.
(B) The extent to which the role of the Under Secretary on
the Joint Requirements Oversight Council should be adjusted
to further maximize Council outcomes as well as the
additional resources, if any, such adjustments would require.
(C) The extent to which the Under Secretary of Defense
should provide additional views and recommendations on Joint
Requirements Oversight Council preparations, deliberations,
and outcomes.
(D) Such other matters as the Secretary of Defense
determines to be appropriate
(3) Submission to congress.--Not later than December 31,
2022, the Secretary shall submit to the congressional defense
committees the results of the study required by paragraph
(1).
(4) Form.--The study required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(5) Covered entity defined.--In this subsection, the term
``covered entity'' means--
(A) a federally funded research and development center; or
(B) an independent, nongovernmental organization, described
under section 501(c)(3) of the Internal Revenue Code of 1986
and which is exempt from taxation under section 501(a) of
such Code, which has recognized credentials and expertise in
national security and military affairs.
(c) Report on the Role of the Under Secretary of Defense
for Research and Engineering in the Joint Requirements
Oversight Council.--
(1) In general.--Not later than March 1, 2023, the
Secretary of Defense, in consultation with the Chairman of
the Joint Chiefs of Staff and the Under Secretary of Defense
for Research and Engineering, shall submit to the
congressional defense committees a report on the
recommendations of the Secretary of Defense on the extent to
which adjustments to the role of the Under Secretary of
Defense for Research and Engineering on the Joint
Requirements Oversight Council are warranted. The report
shall include--
(A) consideration of the findings of the study required by
subsection (b);
(B) the rationale for recommendations of the Secretary of
Defense; and
(C) a description of additional resources that may be
required to support those recommendations.
(2) Additional input.--The report may also include input
from each member or advisor of the Joint Requirements
Oversight Council.
SEC. 904. 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. 905. SPACE FORCE ORGANIZATIONAL MATTERS AND MODIFICATION
OF CERTAIN SPACE-RELATED ACQUISITION
AUTHORITIES.
(a) Implementation Date for Service Acquisition Executive
of the Department of the Air Force for Space Systems and
Programs.--
(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,''.
(b) 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 (a)(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. 906. ASSIGNMENTS FOR PARTICIPANTS IN THE JOHN S. MCCAIN
STRATEGIC DEFENSE FELLOWS PROGRAM.
Section 932(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 1580 note prec.) is amended--
(1) in paragraph (2)--
(A) by striking ``and each Under Secretary of Defense and
Director of a Defense Agency who reports directly to the
Secretary of Defense,'' and inserting ``, each Under
Secretary of Defense, and other officials, as designated by
the Secretary of Defense, within the Office of the Secretary
of Defense (as defined in section 131 of title 10, United
States Code) who report directly to the Secretary of
Defense''; and
(B) by striking ``or Director'' and inserting ``or official
within the Office of the Secretary of Defense'';
(2) in paragraph (3)--
(A) by striking ``Under Secretaries and Directors'' and
inserting ``Under Secretaries of Defense and other officials
within the Office of the Secretary of Defense''; and
(B) by striking ``Under Secretary, or Director'' and
inserting ``Under Secretary of Defense, or other official
within the Office of the Secretary of Defense''; and
(3) in paragraph (7), by striking ``shall be on a first-
come, first-served basis'' and inserting ``may require a
minimum service agreement, as determined by the Secretary''.
SEC. 907. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION
OF ELECTROMAGNETIC SPECTRUM SUPERIORITY
STRATEGY.
(a) Requirements.--Section 1053 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 116-283; 10 U.S.C. 113 note) is amended by adding
at the end the following new subsection:
``(f) Electromagnetic Spectrum Superiority Strategy.--
``(1) Designation.--
``(A) Requirement.--Not later than 60 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2022, 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) Conditions relating to designation of chief
information officer.--
``(i) Certification.--The Secretary may not designate the
Chief Information Officer of the Department of Defense as the
senior official
[[Page H7026]]
under subparagraph (A) unless the Secretary has first
included in the report under paragraph (3)(A) a certification
that the Chief Information Officer has the expertise,
authority, funding, and personnel to ensure the successful
implementation of the electromagnetic spectrum superiority
strategy.
``(ii) CAPE assessment.--If the Secretary designates the
Chief Information Officer of the Department of Defense as the
senior official under subparagraph (A), not later than 180
days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Director of Cost
Assessment and Program Evaluation shall submit to the
congressional defense committees an evaluation of the ability
of the Chief Information Officer to ensure the successful
implementation of the electromagnetic spectrum superiority
strategy, including, at a minimum, an evaluation of the
expertise, authority, funding, and personnel of the Chief
Information Officer.
``(2) Responsibilities.--The senior official designated
under paragraph (1)(A) shall be responsible for the
following:
``(A) Oversight of policy, strategy, planning, resource
management, operational considerations, personnel, and
technology development necessary to implement the
electromagnetic spectrum superiority strategy.
``(B) Evaluating whether the amount that the Department of
Defense expends on electromagnetic warfare and
electromagnetic spectrum operations capabilities is properly
aligned.
``(C) Evaluating whether the Department is effectively
incorporating electromagnetic spectrum operations
capabilities and considerations into current and future
operational plans and concepts.
``(D) Such other matters relating to electromagnetic
spectrum operations as the Secretary specifies for purposes
of this paragraph.
``(3) Reports.--
``(A) Implementation report.--Not later than 60 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Secretary shall
submit to the congressional defense committees a report on
the implementation of the Electromagnetic Spectrum
Superiority Strategy published in October 2020, including--
``(i) an evaluation of the additional personnel, resources,
and authorities the Secretary determines will be needed by
the senior official designated under paragraph (1)(A) who is
responsible for implementing the electromagnetic spectrum
superiority strategy; and
``(ii) a description of how the Secretary will ensure that
such implementation will be successful.
``(B) Rules of engagement report.--Not later than 270 days
after the date of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary shall submit to the
congressional defense committees a report that includes the
following:
``(i) A review of the sufficiency of the authorities and
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 short
of or in advance of kinetic activity and to protect the
Department from electronic attack and disruption.
``(ii) Recommended changes to the authorities or rules of
engagement to ensure the Department can effectively compete,
deter conflict, and maintain protection from electronic
attack and disruption.
``(iii) Any other matters the Secretary determines
relevant.
``(4) Semiannual briefings.--On a semiannual basis during
the five-year period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year
2022, the Secretary shall provide to the congressional
defense committees a briefing on the status of the
implementation of the electromagnetic spectrum superiority
strategy. Each briefing shall include, at a minimum, 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.
``(5) Electromagnetic spectrum superiority strategy
defined.--In this subsection, 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.''.
(b) Clarification of Cross-functional Team Plans.--
Subsection (d)(2) of such section is amended by striking
``biennially thereafter'' and inserting ``biennially
thereafter during the life of the cross-functional team
established pursuant to subsection (c)''.
(c) Transfer of Certain Provision.--Section 152 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is--
(1) amended--
(A) in subsection (a), by striking ``two years after the
date of the enactment of this Act and in accordance with the
plan developed pursuant to subsection (b)'' and inserting
``January 1, 2023, and in accordance with the plan developed
pursuant to paragraph (2)'';
(B) by striking ``paragraph (1)'' each place it appears and
inserting ``subparagraph (A)'';
(C) by striking ``subsection (a)'' each place it appears
and inserting ``paragraph (1)'';
(D) in subsection (b)(2)(D), by striking ``subsections (c)
and (d)'' and inserting ``paragraphs (3) and (4)''; and
(E) in subsection (e), by striking ``this section'' and
inserting ``this subsection'';
(2) transferred to such section 1053, redesignated as
subsection (g) (including by redesignating its subsections as
paragraphs, paragraphs as subparagraphs, and clauses as
subclauses, respectively, and indenting such provisions
accordingly) and added so as to appear after subsection (f),
as added by subsection (a) of this section.
SEC. 908. MANAGEMENT INNOVATION ACTIVITIES.
(a) In General.--The Secretary of Defense shall carry out a
set of activities to improve the effectiveness of management
activities within the Department of Defense, with the goals
of incorporating appropriate private sector management
practices and technologies and enhancing the capabilities of
the defense management workforce.
(b) Management Activities.--Subject to the total force
management requirements under section 129a of title 10,
United States Code, the activities carried out under
subsection (a) may include the following:
(1) Public-private partnerships with appropriate private
sector and government organizations.
(2) Personnel exchange programs with appropriate industry,
academic, and government organizations to enhance the
capabilities of the defense management workforce.
(3) Research, development, and technology and business
process prototyping activities to create new technological
capabilities to support management missions, or development
and testing of new management concepts and business
transformation activities.
(4) The designation of appropriate organizations to lead
management innovation activities.
(5) A process by which defense business process owners and
other personnel of the Department of Defense can identify
management and business process challenges and opportunities
that could be addressed by activities carried out under this
section.
(6) Processes to develop, prototype, test, and field new
business processes and practices to improve defense
management capabilities.
(7) Academic research and educational activities related to
defense management missions to promote--
(A) development of innovative management concepts;
(B) analyses and addressing of appropriate management
challenges; and
(C) development of programs and activities to develop the
defense management workforce.
(8) Academic research and independent studies from
federally funded research and development centers assessing
lessons learned from previous Departmental management reform
initiatives and whether legacy organizations exist and should
be consolidated.
(c) Plan Required.--Not later than February 1, 2023, the
Secretary of Defense shall submit to the congressional
defense committees a plan for carrying out the activities
under this section.
(d) Briefings.--
(1) Initial briefing.--Not later than July 1, 2022, the
Secretary of Defense shall provide to the congressional
defense committees an initial briefing on the activities
carried out and plans developed under this section.
(2) Subsequent briefing.--On a date occurring after the
briefing under paragraph (1), but not later than July 1,
2023, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the activities
carried out and plans developed under this section.
SEC. 909. DIGITAL TALENT RECRUITING OFFICER.
(a) Digital Talent Recruiting for the Department of
Defense.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a chief digital recruiting officer within the
office of the Under Secretary of Defense for Personnel and
Readiness to carry out the responsibilities set forth in
paragraph (2).
(2) Responsibilities.--The chief digital recruiting officer
shall be responsible for--
(A) identifying Department of Defense needs for, and skills
gaps in, specific types of civilian digital talent;
(B) recruiting individuals with the skills that meet the
needs and skills gaps identified under subparagraph (A), in
partnership with the military departments and other
organizations and elements of the Department;
(C) ensuring Federal scholarship for service programs are
incorporated into civilian recruiting strategies;
(D) when appropriate and within authority granted under
other Federal law, offering recruitment and referral bonuses;
and
(E) partnering with human resource teams in the military
departments and other organizations and elements of the
Department to help train all Department of Defense human
resources staff on the available hiring flexibilities to
accelerate the hiring of individuals with the skills that
fill the needs and skills gaps identified under subparagraph
(A).
(3) Resources.--The Secretary of Defense shall ensure that
the chief digital recruiting officer is provided with
personnel and resources sufficient to carry out the duties
set forth in paragraph (2).
(4) Role of chief human capital officer.--
(A) In general.--The chief digital recruiting officer shall
report directly to the Chief Human Capital Officer of the
Department of Defense.
(B) Incorporation.--The Chief Human Capital Officer shall
ensure that the chief digital recruiting officer is
incorporated into the agency human capital operating plan and
recruitment strategy. In carrying out this paragraph, the
Chief Human Capital Officer shall ensure that the chief
digital recruiting officer's responsibilities are
deconflicted with any other recruitment initiatives and
programs.
[[Page H7027]]
(b) Digital Talent Defined.--For the purposes of this
section, the term ``digital talent'' includes positions and
capabilities in, or related to, software development,
engineering, and product management; data science; artificial
intelligence; distributed ledger technologies; autonomy; data
management; product and user experience design; and
cybersecurity.
(c) Annual Briefing Requirement.--Not later than one year
after the date of the enactment of this Act, and on an annual
basis thereafter, the chief digital recruiting officer shall
provide to the congressional defense committees a briefing
on--
(1) the efforts of the Department of Defense to recruit
digital talent to positions in the Department; and
(2) a summary of any accomplishments and challenges with
respect to such recruiting.
(d) Sunset.--The requirements under subsection (a) shall
expire on September 30, 2025.
SEC. 910. CROSS-FUNCTIONAL TEAM FOR EMERGING THREAT RELATING
TO ANOMALOUS HEALTH INCIDENTS.
(a) Establishment.--Using the authority provided pursuant
to 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, 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 Leadership.--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 consultation 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, Department of Defense field activities, the
military departments, combatant commands, and the Joint
Staff.
(e) Briefings.--
(1) Initial briefing.--Not later than 45 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 90 days after the date of the
enactment of this Act, and once every 60 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. 911. ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE.
(a) In General.--Beginning not later than 60 days after the
date of the enactment of this Act, and continuing until the
date on which the Secretary of Defense submits to the
congressional defense committees the report described in
subsection (b), the Secretary shall reinstate--
(1) the initial alignment of the Close Combat Lethality
Task Force so that the Task Force reports directly to the
Secretary; and
(2) the designation of the Task Force as a cross-functional
team under section 911 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111
note).
(b) Report Described.--The report described in this
subsection is a report on a proposed alternative alignment
for the Close Combat Lethality Task Force that includes--
(1) a description of--
(A) how the proposed alternative alignment of the Task
Force would--
(i) facilitate the effective pursuit of, and support for,
both materiel and non-materiel initiatives by the Task Force;
(ii) maintain benefits for the Task Force similar to the
benefits associated with reporting directly to the Secretary
of Defense and designation as a cross-functional team; and
(iii) ensure collaboration and support from the primary
stakeholders in the Task Force, including the Army, the
Marine Corps, and the United States Special Operations
Command; and
(B) how the Task Force would be funded and gain appropriate
resourcing for cross-functional team initiatives supported by
the Secretary; and
(2) supporting analysis for the matters described in
paragraph (1).
(c) Exception.--Subsection (a) does not apply if the
President submits to the congressional defense committees--
(1) a certification that implementing that subsection would
be detrimental to the defense interests of the United States;
and
(2) a justification for the certification.
SEC. 912. 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, on refining the manner by
which combatant commanders identify priority capabilities,
gaps, and operational requirements and how the Department of
Defense incorporates those identified elements into planning,
programming, budgeting, execution, and modernization
processes.
(F) Recommendations, if any, for modifications to sections
161 through 169 of title 10, United States Code.
(G) Any other matter the Secretary of Defense determines
appropriate.
(3) Conduct of review by independent entity.--
(A) In general.--The Secretary of Defense shall--
(i) seek to enter into an agreement with 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 tax under section 501(a) 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 of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report that includes 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.
SEC. 913. STUDY AND REPORT ON THE ROLE AND ORGANIZATION OF
SPACE ASSETS IN THE RESERVE COMPONENTS.
(a) Study.--The Secretary of Defense shall conduct a study
to determine the appropriate role and organization of space-
related assets within the reserve components of the Armed
Forces.
(b) Report.--Not later than March 31, 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 results of the study conducted under subsection (a).
(c) Elements.--The report under subsection (b) shall
include the following:
(1) The determinations of the Secretary of Defense with
respect to the--
(A) the organization and integration of space-related units
within the reserve components of the Armed Forces;
(B) the staffing of such units, including the recruitment
and retention of personnel for such units (including any
reserve units of the Space force);
(C) the missions of such units; and
(D) the operational requirements applicable to such units.
(2) An analysis of--
(A) the costs of establishing a Space National Guard in
accordance with subtitle C of title IX of H.R. 4350, One
Hundred Seventeenth Congress, as passed by the House of
Representatives on September 23, 2021; and
(B) how a Space National Guard established in accordance
with such subtitle would operate as part of the reserve
components.
(3) Based on the analysis under paragraph (2), the
recommendations of the Secretary with respect to the
potential establishment of a Space National Guard.
(4) If applicable, any savings or costs that may result
from the preservation of the space-related force structures
of the Air National Guard, as such force structures are in
effect on the date of the enactment of this Act.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Revision of limitation on funding for combatant commands
through Combatant Commander Initiative Fund.
[[Page H7028]]
Sec. 1003. Plan for consolidation of information technology systems
used in Department of Defense planning, programming,
budgeting, and execution process.
Sec. 1004. Commission on Planning, Programming, Budgeting, and
Execution Reform.
Subtitle B--Counterdrug Activities
Sec. 1007. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1008. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism
activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Modification to annual naval vessel construction plan.
Sec. 1012. Improving oversight of Navy contracts for shipbuilding,
conversion, and repair.
Sec. 1013. Codification of requirement for assessments prior to start
of construction on first ship of a shipbuilding program.
Sec. 1014. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.
Sec. 1015. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Navy battle force ship assessment and requirement reporting.
Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol
boats.
Sec. 1019. Availability of funds for retirement or inactivation of
guided missile cruisers.
Sec. 1020. Review of sustainment key performance parameters for
shipbuilding programs.
Sec. 1021. Assessment of security of global maritime chokepoints.
Sec. 1022. Report on acquisition, delivery, and use of mobility assets
that enable implementation of expeditionary advanced base
operations.
Subtitle D--Counterterrorism
Sec. 1031. Inclusion in counterterrorism briefings of information on
use of military force in collective self-defense.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1034. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1035. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1036. Report on medical care provided to detainees at United
States Naval Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Congressional oversight of alternative compensatory control
measures.
Sec. 1042. Modification of notification requirements for sensitive
military operations.
Sec. 1043. Authority to provide space and services to military welfare
societies.
Sec. 1044. Congressional notification of significant Army force
structure changes.
Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as
posse comitatus.
Sec. 1046. Comparative testing reports for certain aircraft.
Sec. 1047. Special operations forces joint operating concept for
competition and conflict.
Sec. 1048. Limitation on availability of certain funding for operation
and maintenance.
Sec. 1049. Limitation on use of certain funds pending submission of
report, strategy, and posture review relating to
information environment.
Sec. 1050. Briefing by Comptroller General and limitation on use of
funds pending compliance with requirement for independent
studies regarding potential cost savings.
Sec. 1051. Survey on relations between members of the Armed Forces and
military communities.
Sec. 1052. Limitation on use of funds pending compliance with certain
statutory reporting requirements.
Sec. 1053. Navy coordination with Coast Guard and Space Force on
aircraft, weapons, tactics, technique, organization, and
equipment of joint concern.
Subtitle F--Studies and Reports
Sec. 1061. Inclusion of support services for Gold Star families in
quadrennial quality of life review.
Sec. 1062. Public availability of semi-annual summaries of reports.
Sec. 1063. Extension of reporting requirement regarding enhancement of
information sharing and coordination of military training
between Department Of Homeland Security and Department Of
Defense.
Sec. 1064. Continuation of certain Department of Defense reporting
requirements.
Sec. 1065. Updated review and enhancement of existing authorities for
using Air Force and Air National Guard modular airborne
fire-fighting systems and other Department of Defense
assets to fight wildfires.
Sec. 1066. Geographic combatant command risk assessment of Air Force
airborne intelligence, surveillance, and reconnaissance
modernization plan.
Sec. 1067. Biennial assessments of Air Force Test Center.
Sec. 1068. Report on 2019 World Military Games.
Sec. 1069. Reports on oversight of Afghanistan.
Sec. 1070. Study and report on Department of Defense excess personal
property program.
Sec. 1071. Optimization of Irregular Warfare Technical Support
Directorate.
Sec. 1072. Assessment of requirements for and management of Army three-
dimensional geospatial data.
Sec. 1073. Required review of Department of Defense unmanned aircraft
systems categorization.
Sec. 1074. Annual report and briefing on Global Force Management
Allocation Plan.
Sec. 1075. Report on World War I and Korean War era Superfund
facilities.
Sec. 1076. Report on implementation of irregular warfare strategy.
Sec. 1077. Study on providing end-to-end electronic voting services for
absent uniformed services voters in locations with
limited or immature postal service.
Sec. 1078. Report on Air Force strategy for acquisition of combat
rescue aircraft and equipment.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Modification to Regional Centers for Security Studies.
Sec. 1083. Improvement of transparency and congressional oversight of
civil reserve air fleet.
Sec. 1084. Observance of National Atomic Veterans Day.
Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation
Operations.
Sec. 1086. National Museum of the Surface Navy.
Sec. 1087. Authorization for memorial for members of the Armed Forces
killed in attack on Hamid Karzai International Airport.
Sec. 1088. Treatment of operational data from Afghanistan.
Sec. 1089. Responsibilities for national mobilization; personnel
requirements.
Sec. 1090. Independent assessment with respect to Arctic region.
Sec. 1091. National Security Commission on Emerging Biotechnology.
Sec. 1092. Quarterly security briefings on Afghanistan.
Sec. 1093. Transition of funding for non-conventional assisted recovery
capabilities.
Sec. 1094. Afghanistan War Commission Act of 2021.
Sec. 1095. Commission on the National Defense Strategy.
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
$6,000,000,000.
(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. REVISION OF LIMITATION ON FUNDING FOR COMBATANT
COMMANDS THROUGH COMBATANT COMMANDER INITIATIVE
FUND.
Section 166a(e)(1) of title 10, United States Code, is
amended--
[[Page H7029]]
(1) in subparagraph (A)--
(A) by striking ``$20,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$250,000'' and inserting ``$300,000'';
(2) in subparagraph (B), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(3) in subparagraph (C), by striking ``$5,000,000'' and
inserting ``$10,000,000''.
SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION TECHNOLOGY
SYSTEMS USED IN DEPARTMENT OF DEFENSE PLANNING,
PROGRAMMING, BUDGETING, AND EXECUTION PROCESS.
Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense (Comptroller), in
consultation with the Chief Information Officer and the Chief
Data Officer of the Department of Defense, shall submit to
the congressional defense committees a plan to consolidate
the information technology systems used to manage data and
support the planning, programming, budgeting, and execution
process of the Department of Defense. The plan shall include
the consolidation of such systems used by each of the
military departments and such systems used by the Defense
Agencies, and shall address the retirement or elimination of
such systems.
SEC. 1004. COMMISSION ON PLANNING, PROGRAMMING, BUDGETING,
AND EXECUTION REFORM.
(a) Establishment.--
(1) In general.--There is hereby established an independent
commission in the legislative branch to be known as the
``Commission on Planning, Programming, Budgeting, and
Execution Reform'' (in this section referred to as the
``Commission'').
(2) Date of establishment.--The Commission shall be
established not later 30 days after the date of the enactment
of this Act.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 14 civilian individuals not employed by the
Federal Government who are recognized experts and have
relevant professional experience one or more of the
following:
(A) Matters relating to the planning, programming,
budgeting, and execution process of the Department of
Defense.
(B) Innovative budgeting and resource allocation methods of
the private sector.
(C) Iterative design and acquisition process.
(D) Budget or program execution data analysis.
(2) Members.--The members shall be appointed as follows:
(A) The Secretary of Defense shall appoint two members.
(B) The Majority Leader and the Minority Leader of the
Senate shall each appoint one member.
(C) The Speaker of the House of Representatives and the
Minority Leader shall each appoint one member.
(D) The Chair and the Ranking Member of the Committee on
Armed Services of the Senate shall each appoint one member.
(E) The Chair and the Ranking Member of the Committee on
Armed Services of the House of Representatives shall each
appoint one member.
(F) The Chair and the Ranking Member of the Committee on
Appropriations of the Senate shall each appoint one member.
(G) The Chair and the Ranking Member of the Committee on
Appropriations of the House of Representatives shall each
appoint one member.
(3) Deadline for appointment.--Not later than 30 days after
the date described in subsection (a)(2), members shall be
appointed to the Commission.
(4) Expiration of appointment authority.--The authority to
make appointments under this subsection shall expire on the
date described in subsection (a)(2), and the number of
members of the Commission shall be reduced by the number
equal to the number of appointments so not made.
(c) Chair and Vice Chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the term of the Commission. A vacancy in the
Commission shall not affect its powers and shall be filled in
the same manner as the original appointment was made.
(e) Purpose.--The purpose of the Commission is to--
(1) examine the effectiveness of the planning, programming,
budgeting, and execution process and adjacent practices of
the Department of Defense, particularly with respect to
facilitating defense modernization;
(2) consider potential alternatives to such process and
practices to maximize the ability of the Department of
Defense to respond in a timely manner to current and future
threats; and
(3) make legislative and policy recommendations to improve
such process and practices in order to field the operational
capabilities necessary to outpace near-peer competitors,
provide data and analytical insight, and support an
integrated budget that is aligned with strategic defense
objectives.
(f) Scope and Duties.--The Commission shall perform the
following duties:
(1) Compare the planning, programming, budgeting, and
execution process of the Department of Defense, including the
development and production of documents including the Defense
Planning Guidance (described in section 113(g) of title 10,
United States Code), the Program Objective Memorandum, and
the Budget Estimate Submission, with similar processes of
private industry, other Federal agencies, and other
countries.
(2) Conduct a comprehensive assessment of the efficacy and
efficiency of all phases and aspects of the planning,
programming, budgeting, and execution process, which shall
include an assessment of--
(A) the roles of Department officials and the timelines to
complete each such phase or aspect;
(B) the structure of the budget of Department of Defense,
including the effectiveness of categorizing the budget by
program, appropriations account, major force program, budget
activity, and line item, and whether this structure supports
modern warfighting requirements for speed, agility, iterative
development, testing, and fielding;
(C) a review of how the process supports joint efforts,
capability and platform lifecycles, and transitioning
technologies to production;
(D) the timelines, mechanisms, and systems for presenting
and justifying the budget of Department of Defense,
monitoring program execution and Department of Defense budget
execution, and developing requirements and performance
metrics;
(E) a review of the financial management systems of the
Department of Defense, including policies, procedures, past
and planned investments, and recommendations related to
replacing, modifying, and improving such systems to ensure
that such systems and related processes of the Department
result in--
(i) effective internal controls;
(ii) the ability to achieve auditable financial statements;
and
(iii) the ability to meet other financial management and
operational needs; and
(F) a review of budgeting methodologies and strategies of
near-peer competitors to understand if and how such
competitors can address current and future threats more or
less successfully than the United States.
(3) Develop and propose recommendations to improve the
effectiveness of the planning, programming, budgeting, and
execution process.
(g) Commission Report and Recommendations.--
(1) Interim report.--Not later than February 6, 2023, the
Commission shall submit to the Secretary of Defense and the
congressional defense committees an interim report including
the following:
(A) An examination of the development of the documents
described in subsection (f)(1).
(B) An analysis of the timelines involved in developing an
annual budget request and the future-years defense program
(as described in section 221 of title 10, United States
Code), including the ability to make changes to such request
or such program within those timelines.
(C) A review of the sufficiency of the civilian personnel
workforce in the Office of the Secretary of Defense and the
Office of Cost Assessment and Program Evaluation to conduct
budgetary and program evaluation analysis.
(D) An examination of efforts by the Department of Defense
to develop new and agile programming and budgeting to enable
the United States to more effectively counter near-peer
competitors.
(E) A review of the frequency and sufficiency of budget and
program execution analysis, to include any existing data
analytics tools and any suggested improvements.
(F) Recommendations for internal reform to the Department
relating to the planning, programming, budgeting, and
execution process for the Department of Defense to make
internally.
(G) Recommendations for reform to the planning,
programming, budgeting, and execution process that require
statutory changes.
(H) Any other matters the Commission considers appropriate.
(2) Final report.--Not later than September 1, 2023, the
Commission shall submit to the Secretary of Defense and the
congressional defense committees a final report that includes
the elements required under paragraph (1).
(3) Briefings.--Not later than 180 days after the date
specified in subsection (a)(2), and not later than 30 days
after each of the interim and final reports are submitted,
the Commission shall provide to the congressional defense
committees a briefing on the status of the review and
assessment conducted under subsection (f) and include a
discussion of any interim or final recommendations.
(4) Form.--The reports submitted to Congress under
paragraphs (1) and (2) shall be submitted in unclassified
form but may include a classified annex.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of Defense in providing the Commission with
analysis, briefings, and other information necessary for the
fulfillment of its responsibilities.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as
a liaison between the Department and the Commission.
(3) Detailees authorized.--The Secretary may provide, and
the Commission may accept and employ, personnel detailed from
the Department of Defense, without reimbursement.
(4) Facilitation.--
(A) Independent, non-government institute.--Not later than
45 days after the date specified in subsection (a)(2), the
Secretary of Defense shall make available to the Commission
the services of an independent, nongovernmental organization,
described under section 501(c)(3) of the Internal Revenue
Code of 1986 and which is exempt from taxation under section
501(a) of such Code, which has recognized credentials and
expertise in national security and military affairs, in order
to facilitate the discharge of the duties of the Commission
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall
make available the services of a federally funded research
and development center in order to enhance the discharge of
the duties of the Commission under this section.
(i) Staff.--
[[Page H7030]]
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed
to be Federal employees.
(2) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services the travel
expenses of experts or consultants, including transportation
and per diem in lieu of subsistence, while such experts or
consultants are traveling from their homes or places of
business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(k) Authority to Accept Gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority in this subsection does not extend to gifts of
money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided. Subject to the
authority in this section, commissioners shall otherwise
comply with rules set forth by the Select Committee on Ethics
of the Senate and the Committee on Ethics of the House of
Representatives governing Senate and House employees.
(l) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. App) or section 552b, United
States Code (commonly known as the Government in the Sunshine
Act).
(m) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(n) Use of Government Information.--The Commission may
secure directly from any department or agency of the Federal
Government such information as the Commission considers
necessary to carry out its duties. Upon such request of the
chair of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(o) Postal Services.--The Commission may use the United
States mail in the same manner and under the same conditions
as departments and agencies of the United States.
(p) Space for Use of Commission.--Not later than 30 days
after the establishment date of the Commission, the
Administrator of General Services, in consultation with the
Commission, shall identify and make available suitable excess
space within the Federal space inventory to house the
operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such
30-day period, the Commission may lease space to the extent
the funds are available.
(q) Removal of Members.--A member may be removed from the
Commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection (b)(1), provided that notice has
first been provided to such member of the cause for removal
and voted and agreed upon by three quarters of the members
serving. A vacancy created by the removal of a member under
this subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment was made.
(r) Termination.--The Commission shall terminate 180 days
after the date on which it submits the final report required
by subsection (g)(2).
Subtitle B--Counterdrug Activities
SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as most recently amended by section 1021 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1577), is further amended--
(1) in subsection (a)(1), by striking ``2022'' and
inserting ``2023''; and
(2) in subsection (c), by striking ``2022'' and inserting
``2023''.
SEC. 1008. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT
TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 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 ``2027''.
(b) Conditions.--Subsection (d) of such section is
amended--
(1) by striking paragraph (1);
(2) by striking (2);
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly; and
(4) in paragraph (2), as so redesignated, by striking
``subparagraph (A)'' and inserting ``paragraph (1)''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1011. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION
PLAN.
(a) In General.--Section 231 of title 10, United States
Code, is amended--
(1) in subsection (b)(2), by adding at the end the
following new subparagraphs:
``(G) The expected service life of each vessel in the naval
vessel force provided for under the naval vessel construction
plan, disaggregated by ship class, and the rationale for any
changes to such expectations from the previous year's plan.
``(H) A certification by the appropriate Senior Technical
Authority designated under section 8669b of this title of the
expected service life of each vessel in the naval vessel
force provided for under the naval vessel construction plan,
disaggregated by ship class, and the rationale for any
changes to such expectations from the previous year's plan.
``(I) For each battle force ship planned to be inactivated
during the five-year period beginning on the date of the
submittal of the report, a description of the planned
disposition of each such ship following such inactivation and
the potential gaps in warfighting capability that will result
from such ship being removed from service.''; and
(2) in subsection (f), by adding at the end the following
new paragraph:
``(6) The term `expected service life' means the number of
years a naval vessel is expected to be in service.''.
(b) Repeal of Termination of Annual Naval Vessel
Construction Plan.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 111 note) is amended by striking paragraph (15).
SEC. 1012. IMPROVING OVERSIGHT OF NAVY CONTRACTS FOR
SHIPBUILDING, CONVERSION, AND REPAIR.
(a) In General.--Chapter 805 title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 8039. Deputy Commander of the Naval Sea Systems
Command for the Supervision of Shipbuilding, Conversion,
and Repair
``(a) In General.--The Secretary of the Navy shall
establish and appoint an individual to the position of Deputy
Commander of the Naval Sea Systems Command for the
Supervision of Shipbuilding, Conversion, and Repair (in this
section referred to as the `Deputy Commander').
``(b) Qualifications.--The Deputy Commander shall be a flag
officer of the Navy or an employee of the Navy in a Senior
Executive Service position who possesses the expertise
required to carry out the responsibilities specified in this
section.
``(c) Reporting.--The Deputy Commander shall report
directly to the Commander of the Naval Sea Systems Command.
``(d) General Responsibilities.--The Deputy Commander shall
oversee--
``(1) the independent administration and management of the
execution of Department of Defense contracts awarded to
commercial entities for shipbuilding, conversion, and repair
at the facilities of such entities;
``(2) the designated contract administration office of the
Department responsible for performing contract administration
services for such contracts;
``(3) enforcement of requirements of such contracts to
ensure satisfaction of all contractual obligations;
``(4) the work performed on such contracts to facilitate
greater quality and economy in the products and services
being procured; and
``(5) on-site quality assurance by the Government for such
contracts, including inspections.
``(e) Non-Contract Administration Services Functions.--The
Deputy Commander shall manage the complexities and unique
demands of shipbuilding, conversion, and repair by overseeing
the performance of the following non-contract administration
services functions for Navy Program Executives Offices, fleet
commanders, and the Naval Sea Systems Command headquarters:
``(1) Project oversight, including the following:
``(A) Coordinating responses to non-contractual emergent
problems, as assigned by the Commander of Naval Sea Systems
Command.
``(B) Jointly coordinating activities of precommissioning
crews and ship's force, and other Government activities.
``(C) Communicating with customers and higher authority
regarding matters that may affect project execution.
``(D) Contract planning and procurement, including
participation in acquisition planning and pre-award
activities, including assessment of contractor
qualifications.
``(2) Technical authority, including the following:
``(A) Execution of the technical authority responsibilities
by the Waterfront Chief Engineer.
``(B) Execution of the waterfront technical authority
responsibilities of the Naval Sea Systems Command for
providing Government direction and coordination in the
resolution of technical issues.
``(f) Comprehensive Contract Management.--The Deputy
Commander shall maintain direct relationships with the
Director of the Defense Contract Management Agency and the
Director of the Defense Contract Audit Agency to facilitate
comprehensive contract management and oversight of commercial
entities awarded a contract described in subsection (d)(1)
and subcontractors (at any tier).
``(g) Subcontractor Audits.--The Deputy Commander shall
request that the Director of
[[Page H7031]]
the Defense Contract Audit Agency perform periodic audits of
subcontractors that perform cost-type subcontracts or
incentive subcontracts--
``(1) that are valued at $50,000,000 or more; and
``(2) for which the Deputy Commander oversees the
designated contract administration office of the Department
pursuant to subsection (d)(2).
``(h) Annual Written Assessment.--(1) Not later than March
1 of each year, the Deputy Commander shall submit to the
congressional defense committees a written assessment
summarizing the activities and results associated with the
contracts for which the Deputy Commander oversees the
designated contract administration office of the Department.
``(2) Each written assessment required by paragraph (1)
shall include the following:
``(A) A summary of shipbuilding performance that--
``(i) includes common critical process metrics documented
by the appropriate Navy supervisor of shipbuilding,
conversion, and repair for each commercial entity described
in subsection (d)(1);
``(ii) outlines corrective action requests for critical
defects and any actions planned or taken to address them;
``(iii) indicates waivers approved to support acceptance
trials, combined trials, and Navy acceptance of ship delivery
from the commercial entity described in subsection (d)(1), to
include the conditions requiring the approval of each waiver;
and
``(iv) includes information on the extent to which letters
of delegation are used for each shipbuilding program to
provide for quality assurance oversight of subcontractors (at
any tier) by the Defense Contract Management Agency.
``(B) A summary of any significant deficiencies in
contractor business systems or other significant contract
discrepancies documented by the appropriate Navy supervisor
of shipbuilding, conversion, and repair, the Defense Contract
Management Agency, or the Defense Contract Audit Agency for
such contracts, and any actions planned or taken in response.
``(C) A summary of the results from audits and inspections
completed by Naval Sea Systems Command that evaluate the
performance of the appropriate Navy supervisor of
shipbuilding, conversion, and repair in executing their
quality assurance and contract administration
responsibilities.
``(D) A summary of any dedicated evaluation, such as a
review by a task force or working group, of the
organizational structure and resourcing plans and
requirements that support the supervision of shipbuilding,
conversion, and repair, that--
``(i) includes key findings, recommendations, and
implementation plans; and
``(ii) indicates any additional support needed from other
organizations of the Department, such as the Defense Contract
Audit Agency and the Defense Contract Management Agency, for
implementation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 805 of such title is amended by adding
at the end the following new item:
``8039. Deputy Commander of the Naval Sea Systems Command for the
Supervision of Shipbuilding, Conversion, and Repair.''.
(c) Effective Date.--On the date that is 30 days after the
date of enactment of the National Defense Authorization Act
for Fiscal Year 2023--
(1) this section and the amendments made by this section
shall take effect; and
(2) the Secretary of the Navy shall appoint an individual
to the position of Deputy Commander of the Naval Sea Systems
Command for the Supervision of Shipbuilding, Conversion, and
Repair and notify the congressional defense committees of
such appointment.
SEC. 1013. CODIFICATION OF REQUIREMENT FOR ASSESSMENTS PRIOR
TO START OF CONSTRUCTION ON FIRST SHIP OF A
SHIPBUILDING PROGRAM.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by inserting after section 8669b the
following new section:
``Sec. 8669c. Assessments required prior to start of
construction on first ship of a shipbuilding program
``(a) In General.--The Secretary of the Navy may not
approve the start of 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--
``(1) submits a report to the congressional defense
committees on the results of any production readiness review;
``(2) certifies to the congressional defense committees
that the findings of any such review support commencement of
construction; and
``(3) certifies to the congressional defense committees
that the basic and functional design of the vessel is
complete.
``(b) Report.--The report required by subsection (a)(1)
shall include, at a minimum, an assessment of each of the
following:
``(1) The maturity of the ship's design, as measured by
stability of the ship contract specifications and the degree
of completion of detail design and production design
drawings.
``(2) The maturity of developmental command and control
systems, weapon and sensor systems, and hull, mechanical and
electrical systems.
``(3) The readiness of the shipyard facilities and
workforce to begin construction.
``(4) The Navy's estimated cost at completion and the
adequacy of the budget to support the estimate.
``(5) The Navy's estimated delivery date and description of
any variance to the contract delivery date.
``(6) The extent to which adequate processes and metrics
are in place to measure and manage program risks.
``(c) Definitions.--For the purposes of subsection (a):
``(1) 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 major hull structure of the vessel;
``(B) sets the hydrodynamics of the vessel; and
``(C) routes major portions of all distributive systems of
the vessel, including electricity, water, and other
utilities.
``(2) First ship.--The term `first ship' applies to a ship
if--
``(A) the ship is the first ship to be constructed under
that shipbuilding program; or
``(B) the shipyard at which the ship is to be constructed
has not previously started construction on a ship under that
shipbuilding program.
``(3) Major shipbuilding program.--The term `major
shipbuilding program' means a program for the construction of
combatant and support vessels required for the naval vessel
force, as reported within the annual naval vessel
construction plan required by section 231 of this title.
``(4) Production readiness review.--The term `production
readiness review' means a formal examination of a program
prior to the start of construction to determine if the design
is ready for production, production engineering problems have
been resolved, and the producer has accomplished adequate
planning for the production phase.
``(5) Start of construction.--The term `start of
construction' means the beginning of fabrication of the hull
and superstructure of the ship.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8669b the following new item:
``8669c. Assessments required prior to start of construction on first
ship of a shipbuilding program.''.
(c) Conforming Repeal.--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 repealed.
SEC. 1014. LIMITATION ON DECOMMISSIONING OR INACTIVATING A
BATTLE FORCE SHIP BEFORE THE END OF EXPECTED
SERVICE LIFE.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by inserting after section 8678 the
following new section:
``Sec. 8678a. Limitation on decommissioning or inactivating a
battle force ship before the end of expected service life
``(a) Limitation.--The Secretary of the Navy may not
decommission or inactivate a battle force ship before the end
of the expected service life of the ship.
``(b) Waiver.--The Secretary of the Navy may waive the
limitation under subsection (a) with respect to a battle
force ship if--
``(1) the Secretary submits to the congressional defense
committees the certification described in subsection (c) with
respect to such ship; and
``(2) a period of 30 days has elapsed following the date on
which such certification was submitted.
``(c) Certification Described.--A certification described
in this subsection is a certification that--
``(1)(A) maintaining the battle force ship in a reduced
operating status is not feasible;
``(B) maintaining the ship with reduced capability is not
feasible;
``(C) maintaining the ship as a Navy Reserve unit is not
feasible;
``(D) transferring the ship to the Coast Guard is not
feasible; and
``(E) maintaining the ship is not required to support the
most recent national defense strategy required by section
113(g) of this title; and
``(2) includes an explanation of--
``(A) the options assessed and the rationale for the
determinations under subparagraphs (A) through (D) of
paragraph (1); and
``(B) the rationale for the determination under
subparagraph (E) of such paragraph.
``(d) Form.--A certification submitted under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
``(e) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `expected service life' means the number of
years a naval vessel is expected to be in service.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by
inserting after the item relating to section 8678 the
following new item:
``8678a. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.''.
SEC. 1015. 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'';
[[Page H7032]]
(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
(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. 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
pursuant to 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 be 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. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT
REPORTING.
(a) In General.--Chapter 863 of title 10, United States
Code, as amended by section 1023, is further amended by
adding at the end the following new section:
``SEC. 8695. NAVY BATTLE FORCE SHIP ASSESSMENT AND
REQUIREMENT REPORTING.
``(a) In General.--Not later than 180 days after the date
on which a covered event occurs, the Chief of Naval
Operations shall submit to the congressional defense
committees a battle force ship assessment and requirement.
``(b) Assessment.--Each assessment required by subsection
(a) shall include the following:
``(1) A review of the strategic guidance of the Federal
Government, the Department of Defense, and the Navy for
identifying priorities, missions, objectives, and principles,
in effect as of the date on which the assessment is
submitted, that the force structure of the Navy must follow.
``(2) An identification of the steady-state demand for
maritime security and security force assistance activities.
``(3) An identification of the force options that can
satisfy the steady-state demands for activities required by
theater campaign plans of combatant commanders.
``(4) A force optimization analysis that produces a day-to-
day global posture required to accomplish peacetime and
steady-state tasks assigned by combatant commanders.
``(5) A modeling of the ability of the force to fight and
win scenarios approved by the Department of Defense.
``(6) A calculation of the number and global posture of
each force element required to meet steady-state presence
demands and warfighting response timelines.
``(c) Requirement.--(1) Each requirement required by
subsection (a) shall--
``(A) be based on the assessment required by subsection
(b); and
``(B) identify, for each of the fiscal years that are five,
10, 15, 20, 25, and 30 years from the date of the covered
event--
``(i) the total number of battle force ships required;
``(ii) the number of battle force ships required in each of
the categories described in paragraph (2);
``(iii) the classes of battle force ships included in each
of the categories described in paragraph (2); and
``(iv) the number of battle force ships required in each
class.
``(2) The categories described in this paragraph are the
following:
``(A) Aircraft carriers.
``(B) Large surface combatants.
``(C) Small surface combatants.
``(D) Amphibious warfare ships.
``(E) Attack submarines.
``(F) Ballistic missile submarines.
``(G) Combat logistics force.
``(H) Expeditionary fast transport.
``(I) Expeditionary support base.
``(J) Command and support.
``(K) Other.
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `covered event' means a significant change
to any of the following:
``(A) Strategic guidance that results in changes to theater
campaign plans or warfighting scenarios.
``(B) Strategic laydown of vessels or aircraft that affects
sustainable peacetime presence or warfighting response
timelines.
``(C) Operating concepts, including employment cycles,
crewing constructs, or operational tempo limits, that affect
peacetime presence or warfighting response timelines.
``(D) Assigned missions that affect the type or quantity of
force elements.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is further amended by
adding at the end the following new item:
``8695. Navy battle force ship assessment and requirement reporting.''.
(c) Baseline Assessment and Requirement Required.--The date
of the enactment of this Act is deemed to be a covered event
for the purposes of establishing a baseline battle force ship
assessment and requirement under section 8695 of title 10,
United States Code, as added by subsection (a).
SEC. 1018. 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
commanders of each of the combatant commands.
(2) A review of how the Fifth Fleet requirements, which are
currently being met by Mark VI patrol boats, will continue to
be met without such boats, including an evaluation of the
cumulative effect of eliminating Mark VI patrol boats in
addition to other recent reductions in Navy riverine force
structure, such as riverine command boats, in the theater.
(3) An update on the implementation of the corrective
actions and lessons learned from the Navy's investigation of
the January 12, 2016, incident in which 10 United States
sailors were detained by Iranian forces near Farsi Island,
the extent to which retiring existing Mark VI patrol boats
will affect such implementation, and how such implementation
will be sustained in the absence of Mark VI patrol boats.
(4) A review of operating concepts for escorting high value
units without Mark VI patrol boats.
(5) A description of the manner and concept of operations
in which the Marine Corps could use Mark VI patrol boats to
support distributed maritime operations, advanced
expeditionary basing operations, and persistent presence near
maritime choke points and strategic littorals in the Indo-
Pacific region.
(6) 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 (5).
(7) A description of resources required for the Marine
Corps to possess, man, train, and maintain Mark VI patrol
boats in the performance of the concept of operations
described in paragraph (5) and modifications described in
paragraph (6).
(8) A determination of whether the Marine Corps should take
possession of the Mark VI patrol boats effective on or before
September 30, 2022.
(9) Such other matters the Secretary determines
appropriate.
SEC. 1019. AVAILABILITY OF FUNDS FOR RETIREMENT OR
INACTIVATION OF GUIDED MISSILE CRUISERS.
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 more than
5 guided missile cruisers.
SEC. 1020. REVIEW OF SUSTAINMENT KEY PERFORMANCE PARAMETERS
FOR SHIPBUILDING PROGRAMS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Chairman of the Joint Chiefs
of Staff shall initiate a review of the Joint Capabilities
Integration and Development System policy related to the
setting of sustainment key performance parameters and key
system attributes for shipbuilding programs to ensure such
parameters and attributes account for a comprehensive range
of factors that could affect the operational availability and
materiel availability of a ship. Such review shall include
the extent to which--
(1) the term ``operational availability'' should be
redefined by mission area and to include equipment failures
that affect the ability of a ship to perform primary
missions; and
[[Page H7033]]
(2) the term ``materiel availability'' should be redefined
to take into account 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 Chairman of the Joint
Chiefs of Staff shall submit to congressional defense
committees a report on the findings and recommendations of
the review required under paragraph (a).
SEC. 1021. 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) The Bab el-Mandeb Strait.
(6) Any other chokepoint determined appropriate by the
Secretary.
SEC. 1022. 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 the Navy
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, including--
(A) the estimated timeline for procuring and delivering
such warships;
(B) the estimated cost to procure, man, train, operate,
maintain, and modernize such warships for each of the 10
years following the year in which the report is submitted,
together with the notional Department of Defense
appropriations account associated with each such cost; and
(C) 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 platforms required to support distributed maritime
operations and expeditionary advanced base operations.
(3) The feasibility of Marine Littoral Regiments using
other joint and interagency mobility platforms prior to, in
addition to, or in lieu of the operational availability of
Light Amphibious Warships, including--
(A) Army LCU-2000, Runnymede-class and General Frank S.
Besson-class logistics support vessels;
(B) Navy LCU-1610 or LCU-1700, Landing Craft Air Cushioned,
and Ship-to-Shore Connector vessels;
(C) commercial vessel options that--
(i) are available as of the date of the enactment of this
Act; and
(ii) meet Marine Littoral Regiment requirements for
movement, maneuver, sustainment, training, interoperability,
and cargo capacity and delivery;
(D) maritime prepositioning force vessels; and
(E) 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
warfighting capabilities of the fleet, including--
(A) the estimated timeline for procuring and delivering
such platforms; and
(B) the estimated cost to procure, man, train, operate,
maintain, and modernize such platforms for each of the 10
years following the year in which the report is submitted,
together with the notional Department of Defense
appropriations account associated with each such cost.
(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 timeline for deploying Marine
Littoral Regiments, including--
(A) the extent to which such regiments will deploy with the
capabilities listed in paragraphs (1) through (5) during each
of the 10 years following the year in which the report is
submitted; and
(B) options to accelerate such deployments or increase the
capabilities of such regiments if additional resources are
available, together with a description of such resources.
(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.
Subtitle D--Counterterrorism
SEC. 1031. INCLUSION IN COUNTERTERRORISM BRIEFINGS OF
INFORMATION ON USE OF MILITARY FORCE IN
COLLECTIVE SELF-DEFENSE.
Section 485(a) of title 10, United States Code, is amended
by inserting after ``activities'' the following: ``,
including the use of military force under the notion of
collective self-defense of foreign partners''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1043 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``December 31, 2021'' and
inserting ``December 31,2022''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1953), as most recently amended by section 1041 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO
CONSTRUCT OR MODIFY FACILITIES IN THE UNITED
STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1042 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
SEC. 1035. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
recently amended by section 1044 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is further amended by striking
``fiscal years 2018 through 2021'' and inserting ``any of
fiscal years 2018 through 2022''.
SEC. 1036. REPORT ON MEDICAL CARE PROVIDED TO DETAINEES AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Chief Medical Officer of United
States Naval Station, Guantanamo Bay (in this section
referred to as the ``Chief Medical Officer''), shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the provision of medical
care to individuals detained at Guantanamo.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the quality of medical care provided
to individuals detained at Guantanamo, including whether such
care meets applicable standards of care.
(2) A description of the medical facilities and resources
at United States Naval Station, Guantanamo Bay, Cuba,
available to individuals detained at Guantanamo.
(3) A description of the medical facilities and resources
not at United States Naval Station, Guantanamo Bay, that
would be made available to individuals detained at Guantanamo
as necessary to meet applicable standards of care.
(4) A description of the range of medical conditions
experienced by individuals detained at Guantanamo as of the
date on which the report is submitted.
(5) A description of the range of medical conditions likely
to be experienced by individuals detained at Guantanamo,
given the medical conditions of such individuals as of the
date on which the report is submitted and the likely effects
of aging.
(6) An assessment of any gaps between--
(A) the medical facilities and resources described in
paragraphs (2) and (3); and
(B) the medical facilities and resources required to
provide medical care necessary to meet applicable standards
of care for the medical conditions described in paragraphs
(4) and (5).
(7) The plan of the Chief Medical Officer to address the
gaps described in paragraph (6), including the estimated
costs associated with addressing such gaps.
(8) An assessment of whether the Chief Medical Officer has
secured from the Department of Defense access to individuals,
information, or other assistance that the Chief Medical
Officer considers necessary to enable the Chief Medical
Officer to carry out the Chief Medical Officer's duties,
including full and expeditious access to the following:
(A) Any individual detained at Guantanamo.
(B) Any medical records of any individual detained at
Guantanamo.
[[Page H7034]]
(C) Medical professionals of the Department who are
working, or have worked, at United States Naval Station,
Guantanamo Bay.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in classified form.
(d) Definitions.--In this section, the terms ``individual
detained at Guantanamo'', ``medical care'', and ``standard of
care'' have the meanings given those terms in section 1046(e)
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1586; 10 U.S.C. 801 note).
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. CONGRESSIONAL OVERSIGHT OF ALTERNATIVE
COMPENSATORY CONTROL MEASURES.
(a) Limitation on Availability of Funds Pending Submission
of Report.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for
the Department of Defense for the Office of the Under
Secretary of Defense for Policy, not more than 75 percent may
be obligated or expended until the date on which the
Secretary of Defense submits to the congressional defense
committees the report required under section 119a(a) for
2021.
(b) Congressional Oversight.--Section 119a of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(g) Congressional Oversight.--(1) Neither the Secretary
of Defense nor the Director of National Intelligence may take
any action that would have the effect of limiting the access
of the congressional defense committees to--
``(A) any classified program, or any information about any
classified program, to which such committees have access as
of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022; or
``(B) any classified program established, or any
information about any classified program that becomes
available, after the date of the enactment of such Act that
is within the jurisdiction of such committees.
``(2) In this subsection, the term `classified program'
includes any special access program, alternative compensatory
control measure, or any other controlled access program.''.
SEC. 1042. MODIFICATION OF NOTIFICATION REQUIREMENTS FOR
SENSITIVE MILITARY OPERATIONS.
Section 130f(d) of title 10, United States Code, is
amended--
(1) by striking ``(1) Except as provided in paragraph (2),
in'' and inserting ``In'';
(2) by striking paragraph (2);
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(4) in paragraph (1), as so redesignated, by striking ``;
or'' and inserting a semicolon;
(5) in paragraph (2), as so redesignated, by striking the
period at the end and inserting ``; or''; and
(6) by adding at the end the following new paragraph:
``(3) an operation conducted by the armed forces to free an
individual from the control of hostile foreign forces.''.
SEC. 1043. 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. 1044. CONGRESSIONAL NOTIFICATION OF SIGNIFICANT ARMY
FORCE STRUCTURE CHANGES.
(a) Notification Requirement.--
(1) In general.--Chapter 711 of title 10, United States
Code, is amended by inserting after section 7101 the
following new section:
``Sec. 7102. Congressional notification of significant Army
force structure changes
``(a) Notification Required.--Except as provided in
subsection (c), the Secretary of the Army shall submit to the
congressional defense committees written notification of any
decision to make a significant change to Army force structure
prior to implementing or announcing such change.
``(b) Contents.--A notification required under subsection
(a) shall include each of the following:
``(1) The justification for the planned change.
``(2) A description of the details of the planned change
and timing for implementation.
``(3) A description of the operational implications of the
planned change.
``(4) The estimated costs of such change.
``(c) Exception.--The notification requirement under
subsection (a) shall not apply if the Secretary of Defense
certifies to the congressional defense committees in advance
that the planned Army force structure change must be
implemented immediately for reasons of military urgency.
``(d) Definition of Significant Change to Army Force
Structure.--In this section, the term `significant change to
Army force structure' means--
``(1) a change in the number, type, or component of
brigade-level organizations or higher-echelon headquarters;
``(2) a change in the number or component of theater-level
capabilities, such as a multi-domain task force, Terminal
High Altitude Area Defense, long range fires unit, or
headquarters; or
``(3) a permanent or temporary activation or inactivation
of an experimental unit or brigade-size or higher task
force.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7101 the following new item:
``7102. Congressional notification of significant Army force structure
changes.''.
(b) Briefing on Army Structure Memorandum.--Prior to
issuing the Army Structure Memorandum derived from the Total
Army Analysis, the Secretary of the Army shall provide to the
congressional defense committees a briefing on the
memorandum. The briefing shall include a description of each
of the following:
(1) The guidance and direction provided to the Army by the
Secretary of Defense in the Defense Planning Guidance or
other directives.
(2) Any scenarios and assumptions used to conduct the
analysis.
(3) Any significant force design updates incorporated in
the analysis.
(4) Any significant Army force structure changes directed
in the Army Structure Memorandum.
(5) Any substantive changes of assessed risk associated
with changes directed in the memorandum.
SEC. 1045. 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. 1046. 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 53 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
53 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. 1047. SPECIAL OPERATIONS FORCES JOINT OPERATING CONCEPT
FOR COMPETITION AND CONFLICT.
(a) In General.--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 and the
Commander of the United States Special Operations Command
shall jointly submit to the congressional defense committees
a Special Operations Forces joint operating concept for
competition and conflict.
(b) Elements.--The joint operating concept required by
subsection (a) shall include the following:
(1) A detailed description of the manner in which special
operations forces will be expected to operate in the future
across the spectrum of operations, including operations below
the threshold of traditional armed conflict, crisis, and
armed conflict.
(2) An explanation of the roles and responsibilities of the
national mission force and the theater special operations
forces, including how such forces will be integrated with
each other and with general purpose forces.
(3) An articulation of the required capabilities of the
special operations forces.
(4) An explanation of the manner in which the joint
operating concept relates to and fits within the joint
warfighting concept produced by the Joint Chiefs of Staff.
(5) An explanation of the manner in which the joint
operating concept relates to and integrates into the
operating concepts of the Armed Forces.
(6) Any other matter the Assistant Secretary and the
Commander consider relevant.
SEC. 1048. LIMITATION ON AVAILABILITY OF CERTAIN FUNDING FOR
OPERATION AND MAINTENANCE.
Of the amounts authorized to be appropriated by this Act
for fiscal year 2022 for operation and maintenance, Defense-
wide, and available for the Office of the Secretary of
Defense, not more than 75 percent may be obligated or
expended until the date that is 15 days after the date on
which the Secretary submits to the congressional defense
committees the following:
(1) The first quarterly report identifying and summarizing
all execute orders approved by the Secretary of Defense or
the commander of a combatant command in effect for the
Department of Defense as required by section 1744(c) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 113 note).
(2) The report on the policy of the Department of Defense
relating to civilian casualties resulting from United States
military operations required by section 936(d) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 134 note).
[[Page H7035]]
SEC. 1049. LIMITATION ON USE OF CERTAIN FUNDS PENDING
SUBMISSION OF REPORT, STRATEGY, AND POSTURE
REVIEW RELATING TO INFORMATION ENVIRONMENT.
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,
not more than 75 percent shall be available until the date on
which all of the following are submitted to the Committee on
Armed Services of the Senate and the Committee on Armed
Services House of Representatives:
(1) The report required by subsection (h)(1) of section
1631 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92).
(2) The strategy and posture review required by subsection
(g) of such section.
SEC. 1050. BRIEFING BY COMPTROLLER GENERAL AND LIMITATION ON
USE OF FUNDS PENDING COMPLIANCE WITH
REQUIREMENT FOR INDEPENDENT STUDIES REGARDING
POTENTIAL COST SAVINGS.
(a) Briefing Requirement.--Not later than March 31, 2022,
the Comptroller General of the United States shall provide to
the congressional defense committees a briefing on the status
of the ongoing efforts of the Comptroller General with
respect to the effectiveness of each of the following:
(1) Department of Defense programming and planning for the
nuclear enterprise.
(2) Department of Defense processes for identifying the
relevance of legacy military systems.
(3) Defense weapon system acquisition and contracting.
(b) Limitation on Availability of Funds.--Of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2022 for the Office of the
Secretary of Defense for travel expenses, not more than 90
percent may be obligated or expended before the date on which
the Secretary of Defense has entered into agreements for the
conduct of the independent reviews required under section
1753 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1852).
SEC. 1051. SURVEY ON RELATIONS BETWEEN MEMBERS OF THE ARMED
FORCES AND MILITARY COMMUNITIES.
(a) Survey.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, shall conduct a survey of covered individuals
regarding relations between covered individuals and covered
communities.
(2) Contents of survey.--The survey shall be designed to
solicit information from covered individuals regarding each
of the following:
(A) The rank, age, racial, ethnic, and gender demographics
of the covered individuals.
(B) Relationships between covered individuals and the
covered community, including support services and acceptance
of the military community.
(C) The availability of housing, health care, mental health
services, and education for covered individuals, employment
opportunities for military spouses, and other relevant
issues.
(D) Initiatives of local government and community
organizations with respect to covered individuals and covered
communities.
(E) The physical safety of covered individuals 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.
(3) Locations.--For purposes of conducting the survey under
this subsection, the Secretary of Defense shall select ten
geographically diverse military installations where the
survey will be conducted.
(b) Additional Activities.--In the course of conducting
surveys under this section, the Secretary may carry out any
of the following activities with respect to covered
individuals and covered communities:
(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 and not-for-profit organizations that represent
covered individuals.
(d) Briefing.--Not later than September 30, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the survey conducted under subsection (a). Such
briefing shall include--
(1) with respect to each covered community--
(A) the results of the survey; and
(B) the activities conducted to address racial inequity in
the community;
(2) the aggregate results of the survey; and
(3) best practices for creating positive relationships
between covered individuals and covered communities.
(e) Definitions.--In this section:
(1) The term ``covered community'' means a military
installation and any geographic area within 10 miles of such
military installation.
(2) The term ``covered individual'' means any of the
following individuals who live in a covered community or work
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).
(3) The term ``military installation'' has the meaning
given such term in section 2801 of title 10, United States
Code.
SEC. 1052. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH
CERTAIN STATUTORY REPORTING REQUIREMENTS.
(a) Limitation.--Of the funds authorized to be appropriated
or otherwise made available for fiscal year 2022 for the
Office of the Secretary of Defense for travel expenses, not
more than 90 percent may be obligated or expended before the
date on which all of the following reports are submitted to
Congress and the unclassified portions thereof made publicly
available:
(1) The report required under section 589F(c) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
(2) The reports required under section 1299H(d) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
(3) The report required under section 888(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(4) The report required under section 1752(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(b) Briefing Requirement.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on obstacles
to compliance with congressional mandated reporting
requirements.
SEC. 1053. NAVY COORDINATION WITH COAST GUARD AND SPACE FORCE
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, the Space Force,'' after
``the Air Force,''.
Subtitle F--Studies and Reports
SEC. 1061. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR
FAMILIES IN QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Technical Amendment.--
(1) In general.--The second section 118a of title 10,
United States Code (relating to the quadrennial quality of
life review) is redesignated as section 118b.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by striking
the item relating to the second section 118a and inserting
the following new item:
``118b. Quadrennial quality of life review.''.
(b) Inclusion in Review.--Subsection (c) of section 118b of
title 10, United States Code, as redesignated under
subsection (a), is amended by adding at the end the following
new paragraph:
``(15) Support services for Gold Star families.''.
SEC. 1062. PUBLIC AVAILABILITY OF SEMI-ANNUAL SUMMARIES OF
REPORTS.
(a) In General.--Section 122a of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Semi-annual Summaries.--Not later than January 1 and
July 1 of each year, the Secretary of Defense shall make
publicly available on an appropriate internet website a
summary of all reports submitted to Congress by the
Department of Defense for the preceding six-month period that
are required to be submitted by statute. Each such summary
shall include, for each report covered by the summary, the
title of report, the date of delivery, and the section of law
under which such report is required.''.
(b) Applicability.--Subsection (c) of section 122a of title
10, United States Code, as added by subsection (a), shall
apply beginning on the date that is one year after the date
of the enactment of this Act.
SEC. 1063. 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(d)(3) 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. 1064. 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. 1065. UPDATED REVIEW AND ENHANCEMENT OF EXISTING
AUTHORITIES FOR USING AIR FORCE AND AIR
NATIONAL GUARD MODULAR AIRBORNE FIRE-FIGHTING
SYSTEMS AND OTHER DEPARTMENT OF DEFENSE ASSETS
TO FIGHT WILDFIRES.
Section 1058 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 31 U.S.C. 1535 note) is
amended by adding at the end the following new subsection:
``(g) Updated Review and Enhancement of Authorities.--(1)
Not later than 120 days after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2022,
the Director shall--
``(A) conduct a second review under subsection (a) and make
a second determination under subsection (b); and
``(B) submit to Congress a report that includes--
[[Page H7036]]
``(i) the results of the second review and second
determination required by subparagraph (A); and
``(ii) a description, based on such second determination,
of any new modifications proposed to be made to existing
authorities under subsection (c) or (d), including whether
there is a need for legislative changes to further improve
the procedures for using Department of Defense assets to
fight wildfires.
``(2) Pursuant to the second determination under subsection
(b) required by paragraph (1)(A), the Director shall develop
and implement such modifications, regulations, policies, and
interagency procedures as the Director determines appropriate
pursuant to subsections (c) and (d). Any such modification,
regulation, policy, or interagency procedure shall not take
effect until the end of the 30-day period beginning on the
date on which the report is submitted to Congress under
paragraph (1)(B).''.
SEC. 1066. 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 current
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. 1067. BIENNIAL ASSESSMENTS OF AIR FORCE TEST CENTER.
Not later than December 1 of each of 2022, 2024, and 2026,
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. 1068. 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 after 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 if so, what portion, if
any, of those results were positive, and when such testing
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.--Except to the extent prohibited by
law, the report required under this section shall be
submitted in unclassified form and made publicly available on
an internet website in a searchable format, but may contain a
classified annex.
SEC. 1069. REPORTS ON OVERSIGHT OF AFGHANISTAN.
(a) Reports.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter until December
31, 2026, the Secretary of Defense, in coordination with the
Director of National Intelligence and consistent with the
protection of intelligence sources and methods, shall submit
to the appropriate congressional committees a report on
Afghanistan. Each such report shall address, with respect to
Afghanistan, the following matters:
(1) An up-to-date assessment of the over-the-horizon
capabilities of the United States.
(2) A description of the 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, including
the locations of the forces as of the date of the submission
of the report 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 United
States 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 withdrawal 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 within Taliban-held
Afganistan or outside of Afghanistan against the United
States and allies of the United States.
(14) An assessment of the threat posed by prisoners
released by the Taliban from the Pul-e-Charkhi prison and
Parwan detention facility, Afghanistan, in August 2021,
including, for each such prisoner--
(A) the country of origin of the prisoner;
(B) any affiliation of the prisoner with a foreign
terrorist organization; and
(C) in the case of any such prisoner determined to pose a
risk for external operations outside of Afghanistan, the
assessed location of the prisoner.
(15) The status of any military cooperation between the
Taliban and China, Russia, or Iran.
(16) Any other matters the Secretary determines
appropriate.
(b) Form.--Each report required under this section may be
submitted in either unclassified or classified form, as
determined appropriate by the Secretary.
(c) 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. 1070. STUDY AND REPORT ON DEPARTMENT OF DEFENSE EXCESS
PERSONAL PROPERTY PROGRAM.
(a) Study.--The Director of the Defense Logistics Agency
shall conduct a study on the excess personal property program
of the Department of Defense under section 2576a of title 10,
United States Code, and the administration of such program by
the Law Enforcement Support Office. Such study shall
include--
(1) an analysis of the degree to which personal property
transferred under such program has been distributed equitably
between larger, well-resourced municipalities and units of
government and smaller, less well-resourced municipalities
and units of government; and
(2) an identification of potential reforms to such program
to ensure that such property is transferred in a manner that
provides adequate opportunity for participation by smaller,
less well-resourced municipalities and units of government.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director shall submit to the
congressional defense committees a report on the results of a
study required under subsection (a).
SEC. 1071. OPTIMIZATION OF IRREGULAR WARFARE TECHNICAL
SUPPORT DIRECTORATE.
(a) Plan Required.--Not later than 90 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 plan
for improving the support provided by the Irregular Warfare
Technical Support Directorate to meet military requirements.
Such plan shall include the following:
(1) Specific actions to--
(A) ensure adequate focus on rapid fielding of required
capabilities;
(B) improve metrics and methods for tracking projects that
have transitioned into programs of record; and
(C) minimize overlap with other research, development, and
acquisition efforts.
(2) Such other matters as the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict
considers relevant.
[[Page H7037]]
(b) Department of Defense Instruction Required.--Not later
than 270 days after the date of the enactment of this Act,
the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict, in coordination with the Under
Secretary of Defense for Research and Engineering, the Under
Secretary of Defense for Acquisition and Sustainment, and the
Secretaries of the military departments, shall publish an
updated Department of Defense Instruction in order to--
(1) define the objectives, organization, mission, customer
base, and role of the Irregular Warfare Technical Support
Directorate;
(2) ensure coordination with external program managers
assigned to the military departments and the United States
Special Operations Command;
(3) facilitate adequate oversight by the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, the Under Secretary of Defense for Research and
Engineering, and the Under Secretary of Defense for
Acquisition and Sustainment; and
(4) address such other matters as the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict
considers relevant.
SEC. 1072. ASSESSMENT OF REQUIREMENTS FOR AND MANAGEMENT OF
ARMY THREE-DIMENSIONAL GEOSPATIAL DATA.
(a) Joint Assessments and Determinations.--The Vice
Chairman of the Joint Chiefs of Staff, the Under Secretary of
Defense for Intelligence and Security, and the Secretary of
the Army, in consultation with other appropriate officials of
the Department of Defense, shall jointly carry out each of
the following:
(1) An assessment of the requirements of the joint force
with respect to three-dimensional geospatial data in order to
achieve Combined Joint All-Domain Command and Control,
including the use of such data for each of the following:
(A) Training.
(B) Planning.
(C) Modeling and simulation.
(D) Mission rehearsal.
(E) Operations.
(F) Intelligence, including geolocation support to
intelligence collection systems.
(G) Dynamic and precision targeting.
(H) After action reviews.
(2) A determination of whether three-dimensional geospatial
data derived from Government sources, commercial sources, or
both (referred to as ``derivative three-dimensional
geospatial data'') meets the accuracy, resolution, community
sensor model compliance, and currency required for precision
targeting.
(3) A determination of the optimum management, joint
funding structure, and resources required for the collection,
tasking, acquisition, production, storage, and consumption of
three-dimensional geospatial data, including a consideration
of--
(A) designating the Army as the Executive Agent for
warfighter collection, production, and consumption of three-
dimensional geospatial content at the point-of-need;
(B) designating the National Geospatial Intelligence
Agency, in its role as the Geospatial Intelligence Functional
Manager, as the Executive Agent for quality assessment,
testing, evaluation, validation, and enterprise storage and
retrieval of derivative three-dimensional geospatial data;
(C) existing governance structures across the Department of
Defense and the National Geospatial Intelligence Agency for
the procurement and production of three-dimensional
geospatial data and the development of tools and plans, from
either commercial or Government sources; and
(D) identifying potential commercial and Government
capabilities that could be established as a three-dimensional
geospatial intelligence program of record.
(b) Army Management Considerations.--If the Vice Chairman,
the Under Secretary, and the Secretary of the Army determine
that the Army should serve as the Executive Agent for
Department of Defense three-dimensional geospatial data, the
Secretary shall determine the respective roles within the
Army.
(c) Additional Army Determinations.--The Secretary of the
Army shall determine whether operational use of the
Integrated Visual Augmentation System and Army intelligence
and mission command systems require three-dimensional
geospatial data for assigned operational missions, including
targeting.
(d) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Vice Chairman, the
Under Secretary, and the Secretary of the Army shall complete
the assessments and determinations required by this section
and provide to the congressional defense committees a
briefing on such assessments and determinations.
SEC. 1073. REQUIRED REVIEW OF DEPARTMENT OF DEFENSE UNMANNED
AIRCRAFT SYSTEMS CATEGORIZATION.
(a) In General.--The Under Secretary of Defense for
Acquisition and Sustainment shall initiate a process--
(1) to review the system used by the Department of Defense
for categorizing unmanned aircraft systems, as described in
Joint Publication 3-30 titled ``Joint Air Operations''; and
(2) to determine whether modifications should be made in
the Department of Defense grouping of unmanned aerial systems
into five broad categories, as in effect on the date of the
enactment of this Act.
(b) Required Elements for Revision.--If the Under Secretary
determines under subsection (a) that the characteristics
associated with any of the five categories of unmanned
aircraft systems should be revised, the Under Secretary 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 shall
consult with--
(1) the Secretary of each of the military departments;
(2) the Chairman of the Joint Chiefs of Staff;
(3) the Secretary of State; and
(4) the Administrator of the Federal Aviation
Administration.
(d) Report Required.--Not later than October 1, 2022, the
Under Secretary shall submit to the congressional defense
committees, the Committee on Transportation and
Infrastructure and the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Foreign
Relations of the Senate a report that includes a description
of--
(1) the results of the review initiated under subsection
(a);
(2) any revisions planned to the system used by the
Department of Defense for categorizing unmanned aircraft
systems as a result of such review;
(3) the costs and benefits of any planned revisions; and
(4) a proposed implementation plan and timelines for such
revisions.
SEC. 1074. 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 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.
SEC. 1075. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPERFUND
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on active Superfund facilities
where a hazardous substance originated from Department of
Defense activities occurring between the beginning of World
War I and the end of the Korean War. Such report shall
include a description of such Superfund facilities as well as
any actions, planned actions, communication with communities,
and cooperation with relevant agencies, including the
Environmental Protection Agency, carried out or planned to be
carried out by the Department of Defense.
(b) Superfund Facility.--In this section, the term
``Superfund facility'' means a facility included on the
National Priorities List pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605).
SEC. 1076. REPORT ON IMPLEMENTATION OF IRREGULAR WARFARE
STRATEGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through fiscal
year 2027, the Secretary of Defense shall submit to the
congressional defense committees a report on the activities
and programs of the Department of Defense to implement the
irregular warfare strategy consistent with the 2019 Irregular
Warfare Annex to the National Defense Strategy, as amended by
any subsequent national defense strategy.
(b) Elements of Report.--Each report required by subsection
(a) shall include the following elements for the year covered
by the report:
(1) A description and assessment of efforts to
institutionalize the approach of the Department of Defense to
irregular warfare and maintain a baseline of capabilities and
expertise in irregular warfare in both conventional and
special operations forces, including efforts to--
(A) institutionalize irregular warfare in force development
and design;
(B) transform the approach of the Department of Defense to
prioritize investments in, and development of, human capital
for irregular warfare;
(C) ensure an approach to irregular warfare that is agile,
efficient, and effective by investing and developing
capabilities in a cost-informed and resource-sustainable
manner; and
(D) integrate irregular warfare approaches into operational
plans and warfighting concepts for competition, crisis, and
conflict.
(2) A description and assessment of efforts to
operationalize the approach of the Department of Defense to
irregular warfare to meet the full
[[Page H7038]]
range of challenges posed by adversaries and competitors,
including efforts to--
(A) execute proactive, enduring campaigns using irregular
warfare capabilities to control the tempo of competition,
shape the environment, and increase the cost of hostilities
against the United States and its allies;
(B) adopt a resource-sustainable approach to countering
violent extremist organizations and consolidating gains
against the enduring threat from these organizations;
(C) improve the ability of the Department of Defense to
understand and operate within the networked, contested, and
multi-domain environment in which adversaries and competitors
operate;
(D) foster and sustain unified action in irregular warfare
including through collaboration and support of interagency
partners in the formulation of assessments, plans, and the
conduct of operations; and
(E) expand networks of allies and partners, including for
the purpose of increasing the ability and willingness of
allies and partners to defend their sovereignty, contribute
to coalition operations, and advance common security
initiatives.
(3) A description of--
(A) the status of the plan required to be produced by the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and the Chairman of the Joint Chiefs of
Staff, in coordination with the combatant commands and the
Secretaries of the military departments, to implement the
objectives described in the 2019 Irregular Warfare Annex to
the National Defense Strategy; and
(B) the efforts by the relevant components of the
Department of Defense to expeditiously implement such plan,
including the allocation of resources to implement the plan.
(4) An assessment by the Secretary of Defense of the
resources, plans, and authorities required to establish and
sustain irregular warfare as a fully-integrated core
competency for the Joint Forces.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1077. STUDY ON PROVIDING END-TO-END ELECTRONIC VOTING
SERVICES FOR ABSENT UNIFORMED SERVICES VOTERS
IN LOCATIONS WITH LIMITED OR IMMATURE POSTAL
SERVICE.
(a) Study.--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 conduct a study on
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).
(b) Specifications.--In conducting the study under
subsection (a), the Presidential designee shall include--
(1) methods that would ensure voters have the opportunity
to verify that their ballots are received and tabulated
correctly by the appropriate State and local election
officials;
(2) methods that would generate a verifiable and auditable
vote trail for the purposes of any recount or audit conducted
with respect to an election;
(3) a plan of action and milestones on steps that would
need to be achieved prior to implementing end-to-end
electronic voting services for absentee uniformed services
voters;
(4) an assessment of whether commercially available
technologies may be used to carry out any of the elements of
the plan; and
(5) an assessment of the resources needed to implement the
plan of action and milestones referred to in paragraph (3).
(c) Consultation With State and Local Election Officials.--
The Presidential designee shall conduct the study under
subsection (a) in consultation with appropriate State and
local election officials.
(d) Use of Contractors.--To the extent the Presidential
designee determines to be appropriate, the Presidential
designee may include in the study conducted under subsection
(a) an analysis of the potential use of contractors to
provide voting services and how such contractors could be
used to carry out the elements of the plan referred to in
subsection (b)(3).
(e) Briefing; Report.--
(1) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Presidential designee shall
provide to the Committees on Armed Services of the Senate and
House of Representatives a briefing on the interim results of
the study conducted under subsection (a).
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Presidential designee shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the results of the study
conducted under subsection (a).
SEC. 1078. REPORT ON AIR FORCE STRATEGY FOR ACQUISITION OF
COMBAT RESCUE AIRCRAFT AND EQUIPMENT.
Not later than June 1, 2022, the Secretary of the Air Force
shall submit to the congressional defense committees a report
containing--
(1) a strategy for the acquisition of combat rescue
aircraft and equipment that aligns with the stated capability
and capacity requirements of the Air Force; and
(2) an analysis of how such strategy meets the requirements
of the national defense strategy required under section
113(g) of title 10, United States Code.
Subtitle G--Other Matters
SEC. 1081. 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 chapter 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 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 (3), by striking ``subsection (j)'' and
inserting ``subsection (k)''; and
(B) in paragraph (5), by striking ``principle'' and
inserting ``principal''.
(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--
(A) 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.''; and
(B) by striking the item relating to section 8749a and
inserting the following new item:
``8749a. Civil service mariners of Military Sealift Command: alcohol
testing.''.
(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
[[Page H7039]]
section 9086, and the table of sections at the beginning of
chapter 908 of such title is conformed accordingly.
(34) The second section 9132 (relating to Regular Air Force
and Regular Space Force: reenlistment after service as an
officer) is redesignated as section 9138 (and the table of
sections at the beginning of chapter 913 is conformed
accordingly).
(35) The section heading for section 9401 is amended to
read as follows (and the table of sections at the beginning
of chapter 951 is conformed accordingly):
``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 (and the table of sections at the beginning
of chapter 951 is conformed accordingly):
``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) NDAA for Fiscal Year 2020.--Effective as of December
20, 2019, and as if included therein as enacted, section
1739(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by striking ``VI''
and inserting ``VII''.
(d) 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. 1082. MODIFICATION TO REGIONAL CENTERS FOR SECURITY
STUDIES.
(a) In General.--Section 342(b)(2) of title 10, United
States Code, is amended by adding at the end the following
new subparagraph:
``(F) The Ted Stevens Center for Arctic Security Studies,
established in 2021 and located in Anchorage, Alaska.''.
(b) Acceptance of Gifts and Donations.--Section 2611(a)(2)
of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(F) The Ted Stevens Center for Arctic Security
Studies.''.
SEC. 1083. 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:
``(10) The term `Secretary' means the Secretary of
Defense.''.
(2) Conforming amendments.--Chapter 961 of title 10, United
States Code, as amended by paragraph (1), 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, 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. 1084. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY.
(a) In General.--Chapter 1 of title 36, United States Code,
is amended by adding at the end the following new section:
``Sec. 146. National Atomic Veterans Day
``The President shall issue each year a proclamation
calling on the people of the United States to--
``(1) observe Atomic Veterans Day with appropriate
ceremonies and activities; and
``(2) remember and honor the atomic veterans of the United
States whose brave service and sacrifice played an important
role in the defense of the Nation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``146. National Atomic Veterans Day.''.
SEC. 1085. UPDATE OF JOINT PUBLICATION 3-68: NONCOMBATANT
EVACUATION OPERATIONS.
Not later than July 1, 2022, the Chairman of the Joint
Chiefs of Staff shall update Joint Publication 3-68:
Noncombatant Evacuation Operations.
SEC. 1086. NATIONAL MUSEUM OF THE SURFACE NAVY.
(a) Designation.--The Battleship IOWA Museum, located in
Los Angeles, California, and managed by the Pacific
Battleship Center, shall be designated as the ``National
Museum of the Surface Navy''.
(b) Purposes.--The purposes of the National Museum of the
Surface Navy shall be to--
(1) provide and support--
(A) a museum dedicated to the United States Surface Navy
community; and
(B) a platform for education, community, and veterans
programs;
(2) preserve, maintain, and interpret artifacts, documents,
images, stories, and history collected by the museum; and
(3) ensure that the people of the United States understand
the importance of the Surface Navy in the continued freedom,
safety, and security of the United States.
SEC. 1087. AUTHORIZATION FOR MEMORIAL FOR MEMBERS OF THE
ARMED FORCES KILLED IN ATTACK ON HAMID KARZAI
INTERNATIONAL AIRPORT.
The Secretary of Defense may establish a commemorative work
on Federal land owned by the Department of Defense in the
District of Columbia and its environs to commemorate the 13
members of the Armed Forces who died in the bombing attack on
Hamid Karzai International Airport, Kabul, Afghanistan, on
August 26, 2021.
SEC. 1088. 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 to the Committee on Armed Services of the House of
Representatives a briefing 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 the
manner in which the Department of Defense--
(1) is standardizing and archiving intelligence and
operational data from Afghanistan across the myriad of
defense information systems; and
(2) ensuring access to such data across the joint force.
SEC. 1089. RESPONSIBILITIES FOR NATIONAL MOBILIZATION;
PERSONNEL REQUIREMENTS.
(a) Executive Agent for National Mobilization.--The
Secretary of Defense shall designate a senior civilian
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
[[Page H7040]]
of military mobilization readiness, including full
mobilization of personnel from volunteers to other persons
inducted into the Armed Forces under the Military Selective
Service Act (50 U.S.C. 3801 et seq.);
(2) providing Congress and the Selective Service System
with updated requirements and timelines for obtaining
inductees in the event of a national emergency requiring mass
mobilization and induction of personnel under the Military
Selective Service Act for training and service in the Armed
Forces; 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) Report 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 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 personnel inducted into the Armed
Forces under the Military Selective Service Act into the
total force, addressing scenarios that would include 300,000,
600,000, and 1,000,000 new volunteer and other personnel
inducted into the Armed Forces under the Military Selective
Service Act. The plan may be provided in classified form.
SEC. 1090. INDEPENDENT ASSESSMENT WITH RESPECT TO ARCTIC
REGION.
(a) Independent Assessment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Commander of the United States
Northern Command, in consultation and coordination with the
Commander of the United States Indo-Pacific Command, the
Commander of the United States European Command, the military
services, and the defense agencies, shall complete an
independent assessment with respect to the activities and
resources required, for fiscal years 2023 through 2027, to
achieve the following objectives:
(A) The implementation of the National Defense Strategy and
military service-specific strategies with respect to the
Arctic region.
(B) The maintenance or restoration of the comparative
military advantage of the United States in response to great
power competitors in the Arctic region.
(C) The reduction of the risk of executing operation and
contingency plans of the Department of Defense.
(D) To maximize execution of Department operation and
contingency plans, in the event deterrence fails.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) 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--
(i) a review of United States military requirements based
on operation and contingency plans, capabilities of potential
adversaries, assessed gaps or shortfalls of the Armed Forces
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;
(III) supporting analyses that focus on the number of
regionally postured military units and the quality of
capability of such units;
(ii) 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;
(iii) 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
(iv) any other matter the Commander of the United States
Northern Command considers appropriate.
(B) A discussion of any factor that may influence the
United States posture, supported by annual wargames and other
forms of research and analysis.
(C) An assessment of capabilities requirements to achieve
such objectives.
(D) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
(E) An assessment and identification of required
infrastructure and military construction investments to
achieve such objectives.
(3) Report.--
(A) In general.--Upon completion of the assessment required
by paragraph (1), the Commander of the United States Northern
Command shall submit to the Secretary of Defense a report on
the assessment.
(B) Submittal to congress.--Not later than 30 days after
the date on which the Secretary receives the report under
subparagraph (A), the Secretary shall provide to the
congressional defense committees--
(i) a copy of the report, in its entirety; and
(ii) any additional analysis or information, as the
Secretary considers appropriate.
(C) Form.--The report required by subparagraph (A), and any
additional analysis or information provided under
subparagraph (B)(i)(II), may be submitted in classified form,
but shall include an unclassified summary.
(b) Arctic Security Initiative.--
(1) Plan.--
(A) In general.--Not later than 30 days after the date on
which the Secretary receives the report under subsection
(a)(3)(A), the Secretary shall provide to the congressional
defense committees a briefing on the plan to carry out a
program of activities to enhance security in the Arctic
region.
(B) Objectives.--The plan required by subparagraph (A)
shall be--
(i) consistent with the objectives described in paragraph
(1) of subsection (a); and
(ii) informed by the assessment required by that paragraph.
(C) Activities.--The plan shall include, as necessary, the
following prioritized activities to improve the design and
posture of the joint force in the Arctic region:
(i) Modernize and strengthen the presence of the Armed
Forces, including those with advanced capabilities.
(ii) Improve logistics and maintenance capabilities and the
pre-positioning of equipment, munitions, fuel, and materiel.
(iii) Conduct exercises, wargames, education, training,
experimentation, and innovation for the joint force.
(iv) Improve infrastructure to enhance the responsiveness
and resiliency of the Armed Forces.
(2) Establishment.--
(A) In general.--Not earlier than 30 days after the
submittal of the plan required by paragraph (1), the
Secretary may establish a program of activities to enhance
security in the Arctic region, to be known as the ``Arctic
Security Initiative'' (in this paragraph referred to as the
``Initiative'').
(B) Five-year plan for the initiative.--
(i) In general.--If the Initiative is established, the
Secretary, in consultation with the Commander of the United
States Northern Command, shall submit to the congressional
defense committees a future years plan for the activities and
resources of the Initiative that includes the following:
(I) A description of the activities and resources for the
first fiscal year beginning after the date on which the
Initiative is established, and the plan for not fewer than
the four subsequent fiscal years, organized by the activities
described in paragraph (1)(C).
(II) A summary of progress made toward achieving the
objectives described in subsection (a)(1).
(III) A summary of the activity, resource, capability,
infrastructure, and logistics requirements necessary to
achieve progress in reducing risk to the ability of the joint
force to achieve objectives in the Arctic region, including,
as appropriate, investments in--
(aa) active and passive defenses against--
(AA) manned aircraft, surface vessels, and submarines;
(BB) unmanned naval systems;
(CC) unmanned aerial systems; and
(DD) theater cruise, ballistic, and hypersonic missiles;
(bb) advanced long-range precision strike systems;
(cc) command, control, communications, computers,
intelligence, surveillance, and reconnaissance systems;
(dd) training and test range capacity, capability, and
coordination;
(ee) dispersed resilient and adaptive basing to support
distributed operations, including expeditionary airfields and
ports, space launch facilities, and command posts;
(ff) advanced critical munitions;
(gg) pre-positioned forward stocks of fuel, munitions,
equipment, and materiel;
(hh) distributed logistics and maintenance capabilities;
(ii) strategic mobility assets, including icebreakers;
(jj) improved interoperability, logistics, transnational
supply lines and infrastructure, and information sharing with
allies and partners, including scientific missions; and
(kk) information operations capabilities.
(IV) A detailed timeline for achieving the requirements
identified under subclause (III).
(V) A detailed explanation of any significant modification
to such requirements, as compared to--
(aa) the assessment required by subsection (a)(1) for the
first fiscal year; and
(bb) the plans previously submitted for each subsequent
fiscal year.
(VI) Any other matter the Secretary considers necessary.
(ii) Form.--A plan under clause (i) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1091. NATIONAL SECURITY COMMISSION ON EMERGING
BIOTECHNOLOGY.
(a) Establishment.--
(1) In general.--There is hereby established, as of the
date specified in paragraph (2), an independent commission in
the legislative branch to be known as the ``National Security
Commission on Emerging Biotechnology'' (in this section
referred to as the ``Commission'').
(2) Date of establishment.--The date of establishment
referred to in paragraph (1) is 30 days after the date of the
enactment of this Act.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 12 members appointed as follows:
(A) Two members appointed by the Chair of the Committee on
Armed Services of the Senate, one of whom is a Member of the
Senate and one of whom is not.
(B) Two members appointed by the ranking minority member of
the Committee on Armed Services of the Senate, one of whom is
a Member of the Senate and one of whom is not.
(C) Two members appointed by the Chair of the Committee on
Armed Services of the House of Representatives, one of whom
is a Member of
[[Page H7041]]
the House of Representatives and one of whom is not.
(D) Two members appointed by the ranking minority member of
the Committee on Armed Services of the House of
Representatives, one of whom is a Member of the House of
Representatives and one of whom is not.
(E) One member appointed by the Speaker of the House of
Representatives.
(F) One member appointed by the Minority Leader of the
House of Representatives.
(G) One member appointed by the Majority Leader of the
Senate.
(H) One member appointed by the Minority Leader of the
Senate.
(2) Deadline for appointment.--Members shall be appointed
to the Commission under paragraph (1) not later than 45 days
after the Commission establishment date specified under
subsection (a)(2).
(3) Effect of lack of appointment by appointment date.--If
one or more appointments under paragraph (1) is not made by
the appointment date specified in paragraph (2), the
authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number of appointments so
not made.
(4) Qualifications.--The members of the Commission who are
not members of Congress and who are appointed under
subsection (b)(1) shall be individuals from private civilian
life who are recognized experts and have relevant
professional experience in matters relating to--
(A) emerging biotechnology and associated technologies;
(B) use of emerging biotechnology and associated
technologies by national policy makers and military leaders;
or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(c) Chair and Vice Chair.--
(1) Chair.--The Chair of the Committee on Armed Services of
the Senate and the Chair of the Committee on Armed Services
of the House of Representatives shall jointly designate one
member of the Commission to serve as Chair of the Commission.
(2) Vice chair.--The ranking minority member of the
Committee on Armed Services of the Senate and the ranking
minority member of the Committee on Armed Services of the
House of Representatives shall jointly designate one member
of the Commission to serve as Vice Chair of the Commission.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers and shall be filled in
the same manner as the original appointment was made.
(e) Purpose.--The purpose of the Commission is to examine
and make recommendations with respect to emerging
biotechnology as it pertains to current and future missions
and activities of the Department of Defense.
(f) Scope and Duties.--
(1) In general.--The Commission shall carry out a review of
advances in emerging biotechnology and associated
technologies. In carrying out such review, the Commission
shall consider the methods, means, and investments necessary
to advance and secure the development of biotechnology,
biomanufacturing, and associated technologies by the United
States to comprehensively address the national security and
defense needs of the United States.
(2) Scope of the review.--In conducting the review
described in this subsection, the Commission shall consider
the following:
(A) The global competitiveness of the United States in
biotechnology, biomanufacturing, and associated technologies,
including matters related to national security, defense,
public-private partnerships, and investments.
(B) Means, methods, and investments for the United States
to maintain and protect a technological advantage in
biotechnology, biomanufacturing, and associated technologies
related to national security and defense.
(C) Developments and trends in international cooperation
and competitiveness, including foreign investments in
biotechnology, biomanufacturing, and associated technologies
that are scientifically and materially related to national
security and defense.
(D) Means by which to foster greater emphasis and
investments in basic and advanced research to stimulate
government, industry, academic and combined initiatives in
biotechnology, biomanufacturing, and associated technologies,
to the extent that such efforts have application
scientifically and materially related to national security
and defense.
(E) Means by which to foster greater emphasis and
investments in advanced development and test and evaluation
of biotechnology-enabled capabilities to stimulate the growth
of the United States bioeconomy and commercial industry,
while also supporting and improving acquisition and adoption
of biotechnologies for national security purposes.
(F) Workforce and education incentives and programs to
attract, recruit, and retain leading talent in fields
relevant to the development and sustainment of biotechnology
and biomanufacturing, including science, technology,
engineering, data science and bioinformatics, and biology and
related disciplines.
(G) Risks and threats associated with advances in military
employment of biotechnology and biomanufacturing.
(H) Associated ethical, legal, social, and environmental
considerations related to biotechnology, biomanufacturing,
and associated technologies as it will be used for future
applications related to national security and defense.
(I) Means to establish international standards for the
tools of biotechnology, biomanufacturing, related
cybersecurity, and digital biosecurity.
(J) Means to establish data sharing capabilities within and
amongst government, industry, and academia to foster
collaboration and accelerate innovation, while maintaining
privacy and security for data as required for national
security and personal protection purposes.
(K) Consideration of the transformative potential and
rapidly-changing developments of biotechnology and
biomanufacturing innovation and appropriate mechanisms for
managing such technology related to national security and
defense.
(L) Any other matters the Commission deems relevant to
national security.
(g) Commission Report and Recommendations.--
(1) Final report.--Not later than 2 years after the
Commission establishment date specified in subsection (a)(2),
the Commission shall submit to the congressional defense
committees and the President a final report on the findings
of the Commission and such recommendations that the
Commission may have for action by Congress and the Federal
Government.
(2) Interim report.--Not later than 1 year after the
Commission establishment date specified in subsection (a)(2),
the Commission shall submit to the congressional defense
committees and the President an interim report on the status
of the Commission's review and assessment, including a
discussion of any interim recommendations.
(3) Form.--The report submitted to Congress under paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of Defense and other Federal departments and
agencies in providing the Commission with analysis,
briefings, and other information necessary for the
fulfillment of its responsibilities.
(2) Liaison.--The Secretary of Defense shall designate at
least one officer or employee of the Department of Defense to
serve as a liaison officer between the Department and the
Commission.
(3) Detailees authorized.--The Secretary of Defense and the
heads of other departments and agencies of the Federal
Government may provide, and the Commission may accept and
employ, personnel detailed from the Department of Defense and
such other departments and agencies, without reimbursement.
(4) Facilitation.--
(A) Independent, nongovernment institute.--Not later than
45 days after the Commission establishment date specified in
subsection (a)(2), the Secretary of Defense may make
available to the Commission the services of an independent,
nongovernmental institute described in section 501(c)(3) of
the Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of such Code, that has recognized credentials
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall
make available the services of a federally funded research
and development center that is covered by a sponsoring
agreement of the Department of Defense in order to enhance
the Commission's efforts to discharge its duties under this
section.
(5) Expedition of security clearances.--The Office of
Senate Security and the Office of House Security shall ensure
the expedited processing of appropriate security clearances
under processes developed for the clearance of legislative
branch employees for any personnel appointed to the
Commission by their respective offices of the Senate and
House of Representatives and any personnel appointed by the
Executive Director appointed under subsection (i).
(6) Services.--
(A) DOD services.--The Secretary of Defense may provide to
the Commission, on a nonreimbursable basis, such
administrative services, funds, staff, facilities, and other
support services as are necessary for the performance of the
Commission's duties under this section.
(B) Other agencies.--In addition to any support provided
under paragraph (1), the heads of other Federal departments
and agencies may provide to the Commission such services,
funds, facilities, staff, and other support as the heads of
such departments and agencies determine advisable and as may
be authorized by law.
(i) Staff.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, any member of the Commission who is not a
Member of Congress shall be considered to be a Federal
employee.
(2) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily
[[Page H7042]]
rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
(k) Authority to Accept Gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods,
and property from nonfederal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority in this subsection does not extend to gifts of
money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided. Subject to the
authority in this section, members of the Commission shall
otherwise comply with rules set forth by the Select Committee
on Ethics of the Senate and the Committee on Ethics of the
House of Representatives governing employees of the Senate
and House of Representatives.
(l) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee.
(m) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(n) Use of Government Information.--The Commission may
secure directly from any department or agency of the Federal
Government such information as the Commission considers
necessary to carry out its duties. Upon such request of the
chair of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(o) Postal Services.--The Commission may use the United
States mail in the same manner and under the same conditions
as Federal departments and agencies.
(p) Space for Use of Commission.--Not later than 30 days
after the establishment date of the Commission, the
Administrator of General Services, in consultation with the
Commission, shall identify and make available suitable excess
space within the Federal space inventory to house the
operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such
30-day period, the Commission may lease space to the extent
the funds are available.
(q) Removal of Members.--A member may be removed from the
Commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection (b)(1), provided that notice has
first been provided to such member of the cause for removal
and voted and agreed upon by three quarters of the members
serving. A vacancy created by the removal of a member under
this subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment was made.
(r) Termination.--The Commission shall terminate 18 months
after the date on which it submits the final report required
by subsection (g).
SEC. 1092. QUARTERLY SECURITY BRIEFINGS ON AFGHANISTAN.
(a) In General.--Not later than January 15, 2022, and every
90 days thereafter through December 31, 2025, the Under
Secretary of Defense for Policy, in consultation with the
Chairman of the Joint Chiefs of Staff and the Under Secretary
of Defense for Intelligence and Security, shall provide to
the congressional defense committees an unclassified and
classified briefing on the security situation in Afghanistan
and ongoing Department of Defense efforts to counter
terrorist groups in Afghanistan.
(b) Elements.--Each briefing required by subsection (a)
shall include an assessment of each of the following:
(1) The security situation in Afghanistan.
(2) The disposition of the Taliban, al-Qaeda, the Islamic
State of Khorasan, and associated forces, including the
respective sizes and geographic areas of control of each such
group.
(3) The international terrorism ambitions and capabilities
of the Taliban, al-Qaeda, the Islamic State of Khorasan, and
associated forces, and the extent to which each such group
poses a threat to the United States and its allies.
(4) The capability and willingness of the Taliban to
counter the Islamic State of Khorasan.
(5) The capability and willingness of the Taliban to
counter al-Qaeda.
(6) The extent to which the Taliban have targeted, and
continue to target, Afghan nationals who assisted the United
States and coalition forces during the United States military
operations in Afghanistan between 2001 and 2021.
(7) Basing, overflight, or other cooperative arrangements
between the United States and regional partners as part of
the over-the-horizon counterterrorism posture for
Afghanistan.
(8) The capability and effectiveness of the over-the-
horizon counterterrorism posture of the United States for
Afghanistan.
(9) The disposition of United States forces in the area of
operations of United States Central Command, including the
force posture and associated capabilities to conduct
operations in Afghanistan.
(10) The activities of regional actors as they relate to
promoting stability and countering threats from terrorist
groups in Afghanistan, including--
(A) military operations conducted by foreign countries in
the region as such operations relate to Afghanistan;
(B) the capabilities of the militaries of foreign countries
to execute operations in Afghanistan; and
(C) the relationships between the militaries of foreign
countries and the Taliban or foreign terrorist organizations
inside Afghanistan.
(11) Any other matter the Under Secretary considers
appropriate.
SEC. 1093. TRANSITION OF FUNDING FOR NON-CONVENTIONAL
ASSISTED RECOVERY CAPABILITIES.
(a) Plan Required.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan to
transition the funding of non-conventional assisted recovery
capabilities from the authority provided under section 943 of
the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578) to the
authority provided under section 127f of title 10, United
States Code.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An identification of the non-conventional assisted
recovery capabilities to be transitioned to the authority
provided by such section 127f.
(B) An identification of any legislative changes to such
section 127f necessary to accommodate the transition of
capabilities currently funded under such section 943.
(C) A description of the manner in which the Secretary
plans to ensure appropriate transparency of activities for
non-conventional assisted recovery capabilities, and related
funding, in the annual report required under subsection (e)
of such section 127f.
(D) Any other matter the Secretary considers relevant.
(b) Modification of Authority for Expenditure of Funds for
Clandestine Activities That Support Operational Preparation
of the Environment.--Section 127f of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Non-Conventional Assisted Recovery Capabilities.--
Funding used to establish, develop, and maintain non-
conventional assisted recovery capabilities under this
section may only be obligated and expended with the
concurrence of the relevant Chief of Mission or Chiefs of
Mission.''.
SEC. 1094. AFGHANISTAN WAR COMMISSION ACT OF 2021.
(a) Short Title.--This section may be cited as the
``Afghanistan War Commission Act of 2021''.
(b) Definitions.--In this section:
(1) The term ``applicable period'' means the period
beginning June 1, 2001, and ending August 30, 2021.
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(3) The term ``intelligence community'' has the meaning
given that term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
(c) Establishment of Commission.--
(1) Establishment.--There is established in the legislative
branch an independent commission to be known as the
Afghanistan War Commission (in this section referred to as
the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 16
members of whom--
(i) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(ii) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the Senate;
(iii) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives;
(iv) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the House of Representatives;
(v) 1 shall be appointed by the Chairman of the Committee
on Foreign Relations of the Senate;
(vi) 1 shall be appointed by the ranking member of the
Committee on Foreign Relations of the Senate;
(vii) 1 shall be appointed by the Chairman of the Committee
on Foreign Affairs of the House of Representatives;
(viii) 1 shall be appointed by the ranking member of the
Committee on Foreign Affairs of the House of Representatives;
(ix) 1 shall be appointed by the Chairman of the Select
Committee on Intelligence of the Senate;
(x) 1 shall be appointed by the Vice Chairman of the Select
Committee on Intelligence of the Senate.
(xi) 1 shall be appointed by the Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives;
(xii) 1 shall be appointed by the ranking member of the
Permanent Select Committee on Intelligence of the House of
Representatives;
(xiii) 1 shall be appointed by the Majority leader of the
Senate;
(xiv) 1 shall be appointed by the Minority leader of the
Senate;
(xv) 1 shall be appointed by the Speaker of the House of
Representatives; and
(xvi) 1 shall be appointed by the Minority Leader of the
House of Representatives.
(B) Qualifications.--It is the sense of Congress that each
member of the Commission appointed under subparagraph (A)
should--
(i) have significant professional experience in national
security, such as a position in--
(I) the Department of Defense;
(II) the Department of State;
(III) the intelligence community;
(IV) the United States Agency for International
Development; or
(V) an academic or scholarly institution; and
[[Page H7043]]
(ii) be eligible to receive the appropriate security
clearance to effectively execute their duties.
(C) Prohibitions.--A member of the Commission appointed
under subparagraph (A) may not--
(i) be a current member of Congress;
(ii) be a former member of Congress who served in Congress
after January 3, 2001;
(iii) be a current or former registrant under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(iv) have previously investigated Afghanistan policy or the
war in Afghanistan through employment in the office of a
relevant inspector general;
(v) have been the sole owner or had a majority stake in a
company that held any United States or coalition defense
contract providing goods or services to activities by the
United States Government or coalition in Afghanistan during
the applicable period; or
(vi) have served, with direct involvement in actions by the
United States Government in Afghanistan during the time the
relevant official served, as--
(I) a cabinet secretary or national security adviser to the
President; or
(II) a four-star flag officer, Under Secretary, or more
senior official in the Department of Defense or the
Department of State.
(D) Date.--
(i) In general.--The appointments of the members of the
Commission shall be made not later than 60 days after the
date of enactment of this Act.
(ii) Failure to make appointment.--If an appointment under
subparagraph (A) is not made by the appointment date
specified in clause (i)--
(I) the authority to make such appointment shall expire;
and
(II) the number of members of the Commission shall be
reduced by the number equal to the number of appointments not
made.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the first meeting of the
Commission.
(B) Frequency.--The Commission shall meet at the call of
the Co-Chairpersons.
(C) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(5) Co-chairpersons.--Co-Chairpersons of the Commission
shall be selected by the Leadership of the Senate and the
House of Representatives as follows:
(A) 1 Co-Chairperson selected by the Majority Leader of the
Senate and the Speaker of the House of Representatives from
the members of the Commission appointed by chairpersons of
the appropriate congressional committees, the Majority Leader
of the Senate, and the Speaker of the House of
Representatives; and
(B) 1 Co-Chairperson selected by the Minority Leader of the
Senate and the Minority Leader of the House of
Representatives from the members of the Commission appointed
by the ranking members of the appropriate congressional
committees, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives.
(d) Purpose of Commission.-- The purpose of the Commission
is--
(1) to examine the key strategic, diplomatic, and
operational decisions that pertain to the war in Afghanistan
during the relevant period, including decisions, assessments,
and events that preceded the war in Afghanistan; and
(2) to develop a series of lessons learned and
recommendations for the way forward that will inform future
decisions by Congress and policymakers throughout the United
States Government.
(e) Duties of Commission.--
(1) Study.--
(A) In general.--The Commission shall conduct a thorough
study of all matters relating to combat operations,
reconstruction and security force assistance activities,
intelligence activities, and diplomatic activities of the
United States pertaining to the Afghanistan during the period
beginning June 1, 2001, and ending August 30, 2021.
(B) Matters studied.--The matters studied by the Commission
shall include--
(i) for the time period specified under subparagraph (A)--
(I) the policy objectives of the United States Government,
including--
(aa) military objectives;
(bb) diplomatic objectives; and
(cc) development objectives;
(II) significant decisions made by the United States,
including the development of options presented to
policymakers;
(III) the efficacy of efforts by the United States
Government in meeting the objectives described in clause (i),
including an analysis of--
(aa) military efforts;
(bb) diplomatic efforts;
(cc) development efforts; and
(dd) intelligence efforts; and
(IV) the efficacy of counterterrorism efforts against al
Qaeda, the Islamic State Khorasan Province, and other foreign
terrorist organizations in degrading the will and
capabilities of such organizations--
(aa) to mount external attacks against the United States or
its allies and partners; or
(bb) to threaten stability in Afghanistan, neighboring
countries, and the region;
(ii) the efficacy of metrics, measures of effectiveness,
and milestones used to assess progress of diplomatic,
military, and intelligence efforts;
(iii) the efficacy of interagency planning and execution
process by the United States Government;
(iv) factors that led to the collapse of the Afghan
National Defense Security Forces in 2021, including--
(I) training and mentoring from the institutional to the
tactical levels within the Afghan National Defense Security
Forces;
(II) assessment methodologies, including any transition
from different methodologies and the consistency of
implementation and reporting;
(III) the determination of how to establish and develop the
Afghan National Defense Security Forces, including the Afghan
Air Force, and what determined the security cooperation model
used to build such force;
(IV) reliance on technology and logistics support;
(V) corruption; and
(VI) reliance on warfighting enablers provided by the
United States;
(v) the challenges of corruption across the entire spectrum
of the Afghan Government and efficacy of counter-corruption
efforts to include linkages to diplomatic lines of effort,
linkages to foreign and security assistance, and assessment
methodologies;
(vi) the efficacy of counter-narcotic efforts to include
alternative livelihoods, eradication, interdiction, and
education efforts;
(vii) the role of countries neighboring Afghanistan in
contributing to the stability or instability of Afghanistan;
(viii) varying diplomatic approaches between Presidential
administrations;
(ix) the extent to which the intelligence community did or
did not fail to provide sufficient warning about the probable
outcomes of a withdrawal of coalition military personnel from
Afghanistan, including as it relates to--
(I) the capability and sustainability of the Afghanistan
National Defense Security Forces;
(II) the sustainability of the Afghan central government,
absent coalition support;
(III) the extent of Taliban control over Afghanistan over
time with respect to geographic territory, population
centers, governance, and influence; and
(IV) the likelihood of the Taliban regaining control of
Afghanistan at various levels of United States and coalition
support, including the withdrawal of most or all United
States or coalition support;
(x) the extent to which intelligence products related to
the state of the conflict in Afghanistan and the
effectiveness of the Afghanistan National Defense Security
Forces complied with intelligence community-wide analytic
tradecraft standards and fully reflected the divergence of
analytic views across the intelligence community;
(xi) an evaluation of whether any element of the United
States Government inappropriately restricted access to data
from elements of the intelligence community, Congress, or the
Special Inspector General for Afghanistan Reconstruction
(SIGAR) or any other oversight body such as other inspectors
general or the Government Accountability Office, including
through the use of overclassification; and
(xii) the extent to which public representations of the
situation in Afghanistan before Congress by United States
Government officials differed from the most recent formal
assessment of the intelligence community at the time those
representations were made.
(2) Report required.--
(A) In general.--
(i) Annual report.--
(I) In general.--Not later than 1 year after the date of
the initial meeting of the Commission, and annually
thereafter, the Commission shall submit to the appropriate
congressional committees a report describing the progress of
the activities of the Commission as of the date of such
report, including any findings, recommendations, or lessons
learned endorsed by the Commission.
(II) Addenda.--Any member of the Commission may submit an
addendum to a report required under subclause (I) setting
forth the separate views of such member with respect to any
matter considered by the Commission.
(III) Briefing.--On the date of the submission of each
report, the Commission shall brief Congress.
(ii) Final report.--
(I) Submission.--Not later than 3 years after the date of
the initial meeting of the Commission, the Commission shall
submit to Congress a report that contains a detailed
statement of the findings, recommendations, and lessons
learned endorsed by the Commission.
(II) Addenda.--Any member of the Commission may submit an
addendum to the report required under subclause (I) setting
forth the separate views of such member with respect to any
matter considered by the Commission.
(III) Extension.--The Commission may submit the report
required under subclause (I) at a date that is not more than
1 year later than the date specified in such clause if agreed
to by the chairperson and ranking member of each of the
appropriate congressional committees.
(B) Form.--The report required by paragraph (1)(B) shall be
submitted and publicly released on a Government website in
unclassified form but may contain a classified annex.
(C) Subsequent reports on declassification.--
(i) In general.--Not later than 4 years after the date that
the report required by subparagraph (A)(ii) is submitted,
each relevant agency of jurisdiction shall submit to the
committee of jurisdiction a report on the efforts of such
agency to declassify such annex.
(ii) Contents.--Each report required by clause (i) shall
include--
[[Page H7044]]
(I) a list of the items in the classified annex that the
agency is working to declassify at the time of the report and
an estimate of the timeline for declassification of such
items;
(II) a broad description of items in the annex that the
agency is declining to declassify at the time of the report;
and
(III) any justification for withholding declassification of
certain items in the annex and an estimate of the timeline
for declassification of such items.
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, take
such testimony, and receive such evidence as the Commission
considers necessary to carry out its purpose and functions
under this section.
(2) Assistance from federal agencies.--
(A) Information.--
(i) In general.--The Commission may secure directly from a
Federal department or agency such information as the
Commission considers necessary to carry out this section.
(ii) Furnishing information.--Upon receipt of a written
request by the Co-Chairpersons of the Commission, the head of
the department or agency shall expeditiously furnish the
information to the Commission.
(B) Space for commission.--
(i) In general.--Not later than 30 days after the date of
the enactment of this Act, the Architect of the Capitol, in
consultation with the Commission, shall identify suitable
space to house the operations of the Commission, which shall
include--
(I) a dedicated sensitive compartmented information
facility or access to a sensitive compartmented information
facility; and
(II) the ability to store classified documents.
(ii) Authority to lease.--If the Architect of the Capitol
is not able to identify space in accordance with clause (i)
within the 30-day period specified in clause (i), the
Commission may lease space to the extent that funds are
available for such purpose.
(C) Compliance by intelligence community.--Elements of the
intelligence community shall respond to requests submitted
pursuant to paragraph (2) in a manner consistent with the
protection of intelligence sources and methods.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services, goods, and property from non-
Federal entities for the purposes of aiding and facilitating
the work of the Commission. The authority in this subsection
does not extend to gifts of money. Gifts accepted under this
authority shall be documented, and conflicts of interest or
the appearance of conflicts of interest shall be avoided.
Subject to the authority in this section, commissioners shall
otherwise comply with rules set forth by the Select Committee
on Ethics of the Senate.
(5) Ethics.--
(A) In general.--The members and employees of the
Commission shall be subject to the ethical rules and
guidelines of the Senate.
(B) Reporting.--For purposes of title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.), each member and
employee of the Commission--
(i) shall be deemed to be an officer or employee of the
Congress (as defined in section 109(13) of such title); and
(ii) shall file any report required to be filed by such
member or such employee (including by virtue of the
application of subsection (g)(1)) under title I of the Ethics
in Government Act of 1978 (5 U.S.C. App.) with the Secretary
of the Senate.
(g) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed
to be Federal employees.
(B) Executive director.--The Co-Chairpersons of the
Commission shall appoint and fix the rate of basic pay for an
Executive Director in accordance with section 3161(d) of
title 5, United States Code.
(C) Pay.--The Executive Director, with the approval of the
Co-Chairpersons of the Commission, may appoint and fix the
rate of basic pay for additional personnel as staff of the
Commission in accordance with section 3161(d) of title 5,
United States Code.
(D) Security clearances.--All staff must have or be
eligible to receive the appropriate security clearance to
conduct their duties.
(4) Detail of government employees.--A Federal Government
employee, with the appropriate security clearance to conduct
their duties, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Co-Chairpersons of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that 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 that title.
(6) Pay.--The pay of each employee of the Commission and
any member of the Commission who receives pay in accordance
with paragraph (1) shall be disbursed by the Secretary of the
Senate.
(h) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits the report required under subsection (e)(2)(A)(ii).
SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY.
(a) Establishment.--
(1) In general.--There is hereby established, as of the
date specified in paragraph (2), an independent commission in
the legislative branch to be known as the Commission on the
National Defense Strategy for the United States (in this
subtitle referred to as the ``Commission'').
(2) Date of establishment.--The date of establishment
referred to in paragraph (1) is the date that is not later
than 30 days after the date on which the Secretary of Defense
provides a national defense strategy as required by section
113(g) of title 10, United States Code.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 8 members from private civilian life who are
recognized experts in matters relating to the national
security of the United States. The members shall be appointed
as follows:
(A) The Majority Leader of the Senate shall appoint 1
member.
(B) The Minority Leader of the Senate shall appoint 1
member.
(C) The Speaker of the House of Representatives shall
appoint 1 member.
(D) The Minority Leader of the House of Representatives
shall appoint 1 member.
(E) The Chair of the Committee on Armed Services of the
Senate shall appoint 1 member.
(F) The Ranking Member of the Committee on Armed Services
of the Senate shall appoint 1 member.
(G) The Chair of the Committee on Armed Services of the
House of Representatives shall appoint 1 member.
(H) The Ranking Member of the Committee on Armed Services
of the House of Representatives shall appoint 1 member.
(2) Deadline for appointment.--Members shall be appointed
to the Commission under paragraph (1) not later than 45 days
after the Commission establishment date specified under
subsection (a)(2).
(3) Effect of lack of appointment by appointment date.--If
one or more appointments under paragraph (1) is not made by
the appointment date specified in paragraph (2), the
authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number of appointments so
not made.
(c) Chair and Vice Chair.--
(1) Chair.--The Chair of the Committee on Armed Services of
the Senate and the Chair of the Committee on Armed Services
of the House of Representatives, with the concurrence of the
Majority Leader of the Senate and the Speaker of the House of
Representatives, shall jointly designate 1 member of the
Commission to serve as Chair of the Commission.
(2) Vice chair.--The Ranking Member of the Committee on
Armed Services of the Senate and the Ranking Member of the
Committee on Armed Services of the House of Representatives,
with the concurrence of the Minority Leader of the Senate and
the Minority Leader of the House of Representatives, shall
jointly designate 1 member of the Commission to serve as Vice
Chair of the Commission.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers, and shall be filled
in the same manner as the original appointment was made.
(e) Purpose.--The purpose of the Commission is to examine
and make recommendations with respect to the national defense
strategy for the United States.
(f) Scope and Duties.--In order to provide the fullest
understanding of the matters required under subsection (e),
the Commission shall perform the following duties:
(1) National defense strategy review.--The Commission shall
review the most recent national defense strategy of the
United States including the assumptions, strategic
objectives, priority missions, major investments in defense
capabilities, force posture and structure, operational
concepts, and strategic and military risks associated with
the strategy.
(2) Assessment.--The Commission shall conduct a
comprehensive assessment of the strategic environment to
include the threats to the national security of the United
States, including both traditional and non-traditional
threats, the size and shape of the force, the readiness of
the force, the posture, structure, and capabilities of the
force, allocation of resources, and the strategic and
military risks in order to provide recommendations on the
national defense strategy for the United States.
(g) Commission Report and Recommendations.--
(1) Report.--Not later than one year after the Commission
establishment date specified under subsection (a)(2), the
Commission shall transmit to the President and Congress a
report containing the review and assessment conducted under
subsection (f), together with any recommendations of the
Commission. The report shall include the following elements:
[[Page H7045]]
(A) An appraisal of the strategic environment, including an
examination of the traditional and non-traditional threats to
the United States, and the potential for conflicts arising
from such threats and security challenges.
(B) An evaluation of the strategic objectives of the
Department of Defense for near-peer competition in support of
the national security interests of the United States.
(C) A review of the military missions for which the
Department of Defense should prepare, including missions that
support the interagency and a whole-of-government strategy.
(D) Identification of any gaps or redundancies in the roles
and missions assigned to the Armed Forces necessary to carry
out military missions identified in subparagraph (C), as well
as the roles and capabilities provided by other Federal
agencies and by allies and international partners.
(E) An assessment of how the national defense strategy
leverages other elements of national power across the
interagency to counter near-peer competitors.
(F) An evaluation of the resources necessary to support the
strategy, including budget recommendations.
(G) An examination of the Department's efforts to develop
new and innovative operational concepts to enable the United
States to more effectively counter near-peer competitors.
(H) An analysis of the force planning construct,
including--
(i) the size and shape of the force;
(ii) the posture, structure, and capabilities of the force;
(iii) the readiness of the force;
(iv) infrastructure and organizational adjustments to the
force;
(v) modifications to personnel requirements, including
professional military education; and
(vi) other elements of the defense program necessary to
support the strategy.
(I) An assessment of the risks associated with the
strategy, including the relationships and tradeoffs between
missions, risks, and resources.
(J) Any other elements the Commission considers
appropriate.
(2) Interim briefings.--
(A) Not later than 180 days after the Commission
establishment date specified in subsection (a)(2), the
Commission shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the status of its review and assessment to include a
discussion of any interim recommendations.
(B) At the request of the Chair and Ranking Member of the
Committee on Armed Services of the Senate, or the Chair and
Ranking Member of the Committee on Armed Services of the
House of Representatives, the Commission shall provide the
requesting Committee with interim briefings in addition to
the briefing required by subparagraph (2)(A).
(3) Form.--The report submitted to Congress under paragraph
(1) of this subsection shall be submitted in unclassified
form, but may include a classified annex.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of Defense in providing the Commission with
analysis, briefings, and other information necessary for the
fulfillment of its responsibilities.
(2) Liaison.--The Secretary shall designate at least 1
officer or employee of the Department of Defense to serve as
a liaison officer between the Department and the Commission.
(3) Detailees authorized.--The Secretary may provide, and
the commission may accept and employ, personnel detailed from
the Department of Defense, without reimbursement.
(4) Facilitation.--
(A) Independent, non-government institute.--Not later than
45 days after the Commission establishment date specified in
subparagraph (a)(2), the Secretary of Defense shall make
available to the Commission the services of an independent,
non-governmental institute described in section 501(c)(3) of
the Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of such Code, that has recognized credentials
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall
make available the services of a federally funded research
and development center that is covered by a sponsoring
agreement of the Department of Defense in order to enhance
the Commission's efforts to discharge its duties under this
section.
(5) Expedition of security clearances.--The Office of
Senate Security and the Office of House Security shall ensure
the expedited processing of appropriate security clearances
for personnel appointed to the commission by their respective
Senate and House offices under processes developed for the
clearance of legislative branch employees.
(i) Staff.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed
to be Federal employees.
(2) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(k) Authority to Accept Gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority in this subsection does not extend to gifts of
money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided. Subject to the
authority in this section, commissioners shall otherwise
comply with rules set forth by the Select Committee on Ethics
of the United States Senate and the Committee on Ethics of
the House of Representatives governing Senate and House
employees.
(l) Funding.--Of the amounts authorized to be appropriated
by this Act for fiscal year 2022 for the Department of
Defense, up to $5,000,000 shall be made available to the
Commission to carry out its duties under this subtitle. Funds
made available to the Commission under the preceding sentence
shall remain available until expended.
(m) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. App) or section 552b, United
States Code (commonly known as the Government in the Sunshine
Act).
(n) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(o) Use of Government Information.--The Commission may
secure directly from any department or agency of the Federal
Government such information as the Commission considers
necessary to carry out its duties. Upon such request of the
chair of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(p) Postal Services.--The Commission may use the United
States mail in the same manner and under the same conditions
as departments and agencies of the United States.
(q) Space for Use of Commission.--Not later than 30 days
after the establishment date of the Commission, the
Administrator of General Services, in consultation with the
Commission, shall identify and make available suitable excess
space within the Federal space inventory to house the
operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such
30-day period, the Commission may lease space to the extent
the funds are available.
(r) Removal of Members.--A member may be removed from the
commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection (b)(1), provided that notice has
first been provided to such member of the cause for removal,
voted and agreed upon by three quarters of the members
serving. A vacancy created by the removal of a member under
this section shall not affect the powers of the commission,
and shall be filled in the same manner as the original
appointment was made.
(s) Termination.--The Commission shall terminate 90 days
after the date on which it submits the report required by
subsection (g).
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Amendment to diversity and inclusion reporting.
Sec. 1102. Civilian personnel management.
Sec. 1103. Modification of temporary authority to appoint retired
members of the armed forces to positions in the
Department of Defense.
Sec. 1104. Authority to employ civilian faculty members at the Defense
Institute of International Legal Studies.
Sec. 1105. Consideration of employee performance in reductions in force
for civilian positions in the Department of Defense.
Sec. 1106. Repeal of 2-year probationary period.
Sec. 1107. Modification of DARPA personnel management authority to
attract science and engineering experts.
Sec. 1108. Expansion of rate of overtime pay authority for Department
of the Navy employees performing work overseas on naval
vessels.
Sec. 1109. Repeal of crediting amounts received against pay of Federal
employee or DC employee serving as a member of the
National Guard of the District of Columbia.
Sec. 1110. Treatment of hours worked under a qualified trade-of-time
arrangement.
Sec. 1111. Parental bereavement leave.
Sec. 1112. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1113. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1114. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
[[Page H7046]]
Sec. 1115. Assessment of Accelerated Promotion Program suspension.
Sec. 1116. Increase in allowance based on duty at remote worksites.
Sec. 1117. Enhancement of recusal for conflicts of personal interest
requirements for Department of Defense officers and
employees.
Sec. 1118. Occupational series for digital career fields.
SEC. 1101. AMENDMENT TO DIVERSITY AND INCLUSION REPORTING.
Section 113 of title 10, United States Code, as amended by
section 551 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is amended--
(1) in subsection (c)(2), by inserting ``of members and
civilian employees'' after ``inclusion'';
(2) in subsection (l)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) efforts to reflect, across the civilian workforce of
the Department and of each armed force, the diversity of the
population of the United States; and''; and
(B) in paragraph (2)(B), by inserting ``and civilian
employees of the Department'' after ``members of the armed
forces''; and
(3) in subsection (m)--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The number of civilian employees of the Department,
disaggregated by military department, gender, race, and
ethnicity--
``(A) in each grade of the General Schedule;
``(B) in each grade of the Senior Executive Service;
``(C) paid at levels above grade GS-15 of the General
Schedule but who are not members of the Senior Executive
Service;
``(D) paid under the Federal Wage System, and
``(E) paid under alternative pay systems.''.
SEC. 1102. CIVILIAN PERSONNEL MANAGEMENT.
Section 129(a) of title 10, United States Code, is
amended--
(1) in the first sentence, by striking ``primarily'' and
inserting ``solely''; and
(2) in the second sentence, by striking ``solely''.
SEC. 1103. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT
RETIRED MEMBERS OF THE ARMED FORCES TO
POSITIONS IN THE DEPARTMENT OF DEFENSE.
Section 1108(b)(1)(A) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended to read as follows:
``(A)(i) at any defense industrial base facility (as that
term is defined in section 2208(u)(3) of title 10, United
States Code) that is part of the core logistics capabilities
(as described in section 2464(a) of such title); or
``(ii) at any Major Range and Test Facility Base (as that
term is defined in section 196(i) of such title); and''.
SEC. 1104. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT
THE DEFENSE INSTITUTE OF INTERNATIONAL LEGAL
STUDIES.
Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(8) The Defense Institute of International Legal
Studies.''.
SEC. 1105. CONSIDERATION OF EMPLOYEE PERFORMANCE IN
REDUCTIONS IN FORCE FOR CIVILIAN POSITIONS IN
THE DEPARTMENT OF DEFENSE.
Section 1597(e) title 10, United States Code, is amended--
(1) by striking the subsection heading and inserting
``Consideration of Employee Performance in Reductions''; and
(2) by striking ``be made primarily on the basis of'' and
inserting ``, among other factors as determined by the
Secretary, account for employee''.
SEC. 1106. REPEAL OF 2-YEAR PROBATIONARY PERIOD.
(a) Repeal.--
(1) In general.--Effective December 31, 2022, section 1599e
of title 10, United States Code, is repealed.
(2) Application.--The modification of probationary periods
for covered employees (as that term is defined in such
section 1599e as in effect on the date immediately preceding
the date of enactment of this Act) by operation of the
amendment made by paragraph (1) shall only apply to an
individual appointed as such an employee on or after the
effective date specified in paragraph (1).
(b) Technical and Conforming Amendments.--
(1) Title 10.--The table of sections for chapter 81 of
title 10, United States Code, is amended by striking the item
relating to section 1599e.
(2) Title 5.--Title 5, United States Code, is amended--
(A) in section 3321(c), by striking ``, or any individual
covered by section 1599e of title 10'';
(B) in section 3393(d), by striking the second sentence;
(C) in section 7501(1), by striking ``, except as provided
in section 1599e of title 10,'';
(D) in section 7511(a)(1)(A)(ii), by striking ``except as
provided in section 1599e of title 10,''; and
(E) in section 7541(1)(A), by striking ``or section 1599e
of title 10''.
SEC. 1107. MODIFICATION OF DARPA PERSONNEL MANAGEMENT
AUTHORITY TO ATTRACT SCIENCE AND ENGINEERING
EXPERTS.
Section 1599h(b) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) in the case of employees appointed pursuant to
paragraph (1)(B)--
``(i) to any of 5 positions designated by the Director of
the Defense Advanced Research Projects Agency for purposes of
this clause, at rates not in excess of a rate equal to 150
percent of the maximum rate of basic pay authorized for
positions at Level I of the Executive Schedule under section
5312 of title 5; and
``(ii) to any other position designated by the Director for
purposes of this clause, at rates not in excess of the
maximum amount of total annual compensation payable at the
salary set in accordance with section 104 of title 3;''; and
(B) in subparagraph (B), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) during any fiscal year, pay up to 15 individuals
newly appointed pursuant to paragraph (1)(B) the travel,
transportation, and relocation expenses and services
described under sections 5724, 5724a, and 5724c of title
5.''.
SEC. 1108. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR
DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING
WORK OVERSEAS ON NAVAL VESSELS.
Section 5542(a)(6)(A) of title 5, United States Code, is
amended--
(1) by inserting ``outside the United States'' after
``temporary duty'';
(2) by striking ``the nuclear aircraft carrier that is
forward deployed in Japan'' and inserting ``naval vessels'';
(3) by inserting ``of 1938'' after ``Fair Labor Standards
Act''; and
(4) by striking ``the overtime'' and all that follows
through the period at the end and inserting ``the employee
shall be coded and paid overtime as if the employee's
exemption status under that Act is the same as it is at the
employee's permanent duty station.''.
SEC. 1109. REPEAL OF CREDITING AMOUNTS RECEIVED AGAINST PAY
OF FEDERAL EMPLOYEE OR DC EMPLOYEE SERVING AS A
MEMBER OF THE NATIONAL GUARD OF THE DISTRICT OF
COLUMBIA.
(a) In General.--Section 5519 of title 5, United States
Code, is amended by striking ``or (c)''.
(b) Application.--The amendment made by subsection (a)
shall apply to any amounts credited, by operation of such
section 5519, against the pay of an employee or individual
described under section 6323(c) of such title on or after the
date of enactment of this Act.
SEC. 1110. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-
OF-TIME ARRANGEMENT.
Section 5542 of title 5, United States Code, is amended by
adding at the end the following:
``(h)(1)(A) Notwithstanding any other provision of this
section or section 5545b, any hours worked by a firefighter
under a qualified trade-of-time arrangement shall be
disregarded for purposes of any determination relating to
eligibility for, or the amount of, any overtime pay under
this section, including overtime pay under the Fair Labor
Standards Act in accordance with subsection (c).
``(B) The Director of the Office of Personnel Management--
``(i) shall identify the situations in which a firefighter
shall be deemed to have worked hours actually worked by a
substituting firefighter under a qualified trade-of-time
arrangement; and
``(ii) may adopt necessary policies governing the treatment
of both a substituting and substituted firefighter under a
qualified trade-of-time arrangement, without regard to how
those firefighters would otherwise be treated under other
provisions of law or regulation.
``(2) In this subsection--
``(A) the term `firefighter' means an employee--
``(i) the work schedule of whom includes 24-hour duty
shifts; and
``(ii) who--
``(I) is a firefighter, as defined in section 8331(21) or
8401(14);
``(II) in the case of an employee who holds a supervisory
or administrative position and is subject to subchapter III
of chapter 83, but who does not qualify to be considered a
firefighter within the meaning of section 8331(21), would so
qualify if such employee had transferred directly to such
position after serving as a firefighter within the meaning of
such section;
``(III) in the case of an employee who holds a supervisory
or administrative position and is subject to chapter 84, but
who does not qualify to be considered a firefighter within
the meaning of section 8401(14), would so qualify if such
employee had transferred directly to such position after
performing duties described in section 8401(14)(A) and (B)
for at least 3 years; and
``(IV) in the case of an employee who is not subject to
subchapter III of chapter 83 or chapter 84, holds a position
that the Office of Personnel Management determines would
satisfy subclause (I), (II), or (III) if the employee were
subject to subchapter III of chapter 83 or chapter 84; and
``(B) the term `qualified trade-of-time arrangement' means
an arrangement under which 2 firefighters who are subject to
the supervision of the same fire chief agree, solely at their
option and with the approval of the employing agency, to
substitute for one another during scheduled work hours in the
performance of work in the same capacity.''.
SEC. 1111. PARENTAL BEREAVEMENT LEAVE.
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following:
[[Page H7047]]
``Sec. 6329d. Parental bereavement leave
``(a) Definitions.--In this section--
``(1) the terms `employee' and `son or daughter' have the
meanings given those terms in section 6381; and
``(2) the term `paid leave' means, with respect to an
employee, leave without loss of or reduction in--
``(A) pay;
``(B) leave to which the employee is otherwise entitled
under law; or
``(C) credit for time or service.
``(b) Bereavement Leave.--
``(1) In general.--Subject to paragraphs (2) and (3), an
employee shall be entitled to a total of 2 administrative
workweeks of paid leave during any 12-month period because of
the death of a son or daughter of the employee.
``(2) Limitation.--Leave under paragraph (1) may not be
taken by an employee intermittently or on a reduced leave
schedule unless the employee and the employing agency of the
employee agree otherwise.
``(3) Notice.--In any case in which the necessity for leave
under this subsection is foreseeable, the employee shall
provide the employing agency with such notice as is
reasonable and practicable.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``6329d. Parental bereavement leave.''.
SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1105 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended by striking
``through 2021'' and inserting ``through 2022''.
SEC. 1113. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL
FLEXIBILITIES FOR DOMESTIC DEFENSE INDUSTRIAL
BASE FACILITIES AND MAJOR RANGE AND TEST
FACILITIES BASE CIVILIAN PERSONNEL.
Section 1132 of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended--
(1) in subsection (a), by striking ``through 2021'' and
inserting ``through 2026'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Data Collection Requirement.--The 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; and
``(2) providing information to the leadership of the
Department and Congress on the implementation of the pilot
program and related policy issues.
``(g) Briefing.--Not later than 90 days after the end of
each of fiscal years 2022 through 2026, the Secretary of
Defense shall provide a briefing to the Committee on Armed
Services of the House of Representatives, the Committee on
Armed Services of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate including--
``(1) a description of the effect of this section on the
management of civilian personnel at domestic defense
industrial base facilities and Major Range and Test
Facilities Base during the most recently ended fiscal year;
and
``(2) the number of employees--
``(A) hired under such section during such fiscal year; and
``(B) expected to be hired under such section during the
fiscal year in which the briefing is provided.''.
SEC. 1114. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1106 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended by striking ``2022''
and inserting ``2023''.
SEC. 1115. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM
SUSPENSION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Inspector General of the
Department of Defense shall conduct an assessment of the
impacts resulting from the Navy's suspension in 2016 of the
Accelerated Promotion Program (in this section referred to as
the ``APP''). The Inspector General may consult with the
Secretary of the Navy in carrying out such assessment, but
the Navy may not play any other role in such assessment.
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the employees who were hired at
the four public shipyards between January 23, 2016, and
December 22, 2016, covering the period in which APP was
suspended, and who would have otherwise been eligible for APP
had the program been in effect at the time they were hired.
(2) An assessment for each employee identified in paragraph
(1) to determine the difference between wages earned from the
date of hire to the date on which the wage data would be
collected and the wages which would have been earned during
this same period should that employee have participated in
APP from the date of hire and been promoted according to the
average promotion timeframe for participants hired in the
five-year period prior to the suspension.
(3) An assessment for each employee identified in paragraph
(1) to determine at what grade and step each effected
employee would be at on October 1, 2020, had that employee
been promoted according to the average promotion timeframe
for participants hired in the five-year period prior to the
suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take
measures using those authorities to provide the pay
difference and corresponding interest, at a rate of the
federal short-term interest rate plus 3 percent, to each
effected employee identified in paragraph (2) and directly
promote the employee to the grade and step identified in
paragraph (3).
(c) Report.--The Inspector General of the Department of
Defense shall submit, to the congressional defense
committees, the Committee on Oversight and Reform of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate, a report on
the results of the evaluation by not later than 270 days
after the date of enactment of this Act, and shall provide
interim briefings upon request.
SEC. 1116. INCREASE IN ALLOWANCE BASED ON DUTY AT REMOTE
WORKSITES.
(a) Assessment and Rate.--Not later than March 31, 2022,
the Director of the Office of Personnel Management shall
complete an assessment of the remote site pay allowance under
section 5942 of title 5, United States Code, and propose a
new rate of such allowance, adjusted for inflation, and
submit such assessment and rate to the President and to
Congress.
(b) Application.--Beginning on the first day of the first
pay period beginning after the date the Director submits the
assessment and rate under subsection (a), such rate shall,
notwithstanding subsection (a) of such section 5942, be the
rate of such allowance.
SEC. 1117. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL
INTEREST REQUIREMENTS FOR DEPARTMENT OF DEFENSE
OFFICERS AND EMPLOYEES.
(a) In General.--Except as provided in subsection (b), in
addition to the prohibition set forth in section 208 of title
18, United States Code, an officer or employee of the
Department of Defense may not knowingly participate
personally and substantially in any particular matter
involving specific parties where any of the following
organizations is a party or represents a party to the matter:
(1) Any organization, including a trade organization, for
which the officer or employee has served as an employee,
officer, director, trustee, or general partner in the past 2
years.
(2) Any organization with which the officer or employee is
seeking employment.
(b) Authorization.--An agency designee may authorize the
officer or employee to participate in a matter described in
paragraph (a) based on a determination, made in light of all
relevant circumstances, that the interest of the Government
in the officer or employee's participation outweighs the
concern that a reasonable person may question the integrity
of the agency's programs and operations.
(c) Construction.--Nothing in this section shall be
construed to terminate, alter, or make inapplicable any other
prohibition or limitation in law or regulation on the
participation of officers or employees of the Department of
Defense in particular matters having an effect on their or
related financial or other personal interests.
SEC. 1118. OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS.
Not later than 270 days after the date of the enactment of
this Act, the Director of the Office of Personnel Management
shall, pursuant to chapter 51 of title 5, United States Code,
establish or update one or more occupational series covering
Federal Government positions in the fields of software
development, software engineering, data science, and data
management.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Administrative support and payment of certain expenses for
covered foreign defense personnel.
Sec. 1202. Authority for certain reimbursable interchange of supplies
and services.
Sec. 1203. Extension of support of special operations for irregular
warfare.
Sec. 1204. Modification and extension of biennial Comptroller General
of the United States audits of programs to build the
capacity of foreign security forces.
Sec. 1205. Temporary authority to pay for travel and subsistence
expenses of foreign national security forces
participating in the training program of the United
States-Colombia Action Plan for Regional Security.
Sec. 1206. Security cooperation strategy for certain combatant
commands.
Sec. 1207. Report on security cooperation programs.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Sense of Congress on the service of United States Armed
Forces servicemembers in Afghanistan.
[[Page H7048]]
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Prohibition on transfer of Department of Defense funds or
resources to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban or the
Islamic Emirate of Afghanistan.
Sec. 1215. Prohibition on removal of publicly available accountings of
military assistance provided to the Afghan security
forces.
Sec. 1216. Joint report on using the synchronized predeployment and
operational tracker (spot) database to verify Afghan SIV
applicant information.
Sec. 1217. Report and briefing on United States equipment, property,
and classified material that was destroyed or abandoned
in the withdrawal from Afghanistan.
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. Defense and diplomatic strategy for Syria.
Sec. 1223. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria.
Sec. 1224. Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq.
Sec. 1225. Prohibition on transfers to Badr Organization.
Sec. 1226. Prohibition on transfers to Iran.
Sec. 1227. Report on the military capabilities of Iran and related
activities.
Sec. 1228. Sense of Congress on enrichment of uranium by Iran.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Extension of Ukraine Security Assistance Initiative.
Sec. 1233. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1235. Report on Russian influence operations and campaigns
targeting military alliances and partnerships of which
the United States is a member.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Extension and modification of Indo-Pacific Maritime Security
Initiative.
Sec. 1242. Extension and modification of Pacific Deterrence Initiative.
Sec. 1243. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1245. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1246. Sense of Congress on Taiwan defense relations.
Sec. 1247. Statement of policy on Taiwan.
Sec. 1248. Annual report on Taiwan asymmetric capabilities and
intelligence support.
Sec. 1249. Feasibility briefing on cooperation between the National
Guard and Taiwan.
Sec. 1250. Feasibility report on establishing military-to-military
crisis communications capabilities.
Sec. 1251. Comparative analyses and reports on efforts by the United
States and the People's Republic of China to advance
critical modernization technology with respect to
military applications.
Sec. 1252. Sense of congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle A--Assistance and Training
SEC. 1201. ADMINISTRATIVE SUPPORT AND PAYMENT OF CERTAIN
EXPENSES FOR COVERED FOREIGN DEFENSE PERSONNEL.
(a) In General.--Subchapter IV of chapter 16 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 334. Administrative support and payment of certain
expenses for covered foreign defense personnel
``(a) In General.--The Secretary of Defense may--
``(1) provide administrative services and support to the
United Nations Command for the performance of duties by
covered foreign defense personnel during the period in which
the covered foreign defense personnel are assigned to the
United Nations Command or the Neutral Nations Supervisory
Commission in accordance with the Korean War Armistice
Agreement of 1953; and
``(2) pay the expenses specified in subsection (b) for
covered foreign defense personnel who are--
``(A) from a developing country; and
``(B) assigned to the headquarters of the United Nations
Command.
``(b) Types of Expenses.--The types of expenses that may be
paid under the authority of subsection (a)(2) are the
following:
``(1) Travel and subsistence expenses directly related to
the duties of covered foreign defense personnel described in
subsection (a)(2) in connection with the assignment of such
covered foreign defense personnel.
``(2) Personal expenses directly related to carrying out
such duties.
``(3) Expenses for medical care at a military medical
facility.
``(4) Expenses for medical care at a civilian medical
facility, if--
``(A) adequate medical care is not available to such
covered foreign defense personnel at a local military medical
treatment facility;
``(B) the Secretary determines that payment of such medical
expenses is necessary and in the best interests of the United
States; and
``(C) medical care is not otherwise available to such
covered foreign defense personnel pursuant to a treaty or any
other international agreement.
``(5) Mission-related travel expenses, if--
``(A) such travel is in direct support of the national
interests of the United States; and
``(B) the Commander of the United Nations Command directs
round-trip travel from the headquarters of the United Nations
Command to one or more locations.
``(c) Reimbursement.--The Secretary may provide the
administrative services and support and pay the expenses
authorized by subsection (a) with or without reimbursement.
``(d) Definitions.--In this section:
``(1) The term `administrative services and support' means
base or installation support services, facilities use, base
operations support, office space, office supplies, utilities,
copying services, computer support, communication services,
fire and police protection, postal services, bank services,
transportation services, housing and temporary billeting
(including ancillary services), specialized clothing required
to perform assigned duties, temporary loan of special
equipment, storage services, training services, and repair
and maintenance services.
``(2) The term `covered foreign defense personnel' means
members of the military of a foreign country who are assigned
to--
``(A) the United Nations Command; or
``(B) the Neutral Nations Supervisory Commission.
``(3) The term `developing country' has the meaning given
the term in section 301(4) of this title.
``(4) The term `Neutral Nations Supervisory Commission'
means the delegations from Sweden and Switzerland (or
successor delegations) appointed in accordance with the
Korean War Armistice Agreement of 1953 or its subsequent
agreements.
``(5) The term `United Nations Command' means the
headquarters of the United Nations Command, the United
Nations Command Military Armistice Commission, the United
Nations Command-Rear, and the United Nations Command Honor
Guard.''.
(b) Conforming Amendment.--The table of sections at the
beginning of subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following
new item:
``334. Administrative support and payment of certain expenses for
covered foreign defense personnel.''.
SEC. 1202. AUTHORITY FOR CERTAIN REIMBURSABLE INTERCHANGE OF
SUPPLIES AND SERVICES.
Section 2571 of title 10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) If its head approves, a department or organization
within the Department of Defense may, upon request, perform
work and services for, or furnish supplies to, any other of
those departments or organizations, with or without
reimbursement or transfer of funds.
``(2) Use of the authority under this section for
reimbursable support is limited to support for the purpose of
providing assistance to a foreign partner pursuant to section
333 and section 345 of this title.''; and
(2) by adding at the end the following new subsection:
``(e)(1) An order placed by a department or organization on
a reimbursable basis pursuant to subsection (b) shall be
considered to be an obligation in the same manner as an order
placed under section 6307 of title 41.
``(2) Amounts received as reimbursement shall be credited
in accordance with section 2205 of this title to the
appropriation of the supporting department or organization
used in incurring the obligation in the year or years that
support is provided.''.
SEC. 1203. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is
amended by striking ``2023'' and inserting ``2025''.
SEC. 1204. MODIFICATION AND EXTENSION OF BIENNIAL COMPTROLLER
GENERAL OF THE UNITED STATES AUDITS OF PROGRAMS
TO BUILD THE CAPACITY OF FOREIGN SECURITY
FORCES.
Section 1205(f) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291) is amended--
(1) in paragraph (1)--
(A) by striking ``and 2020'' and inserting ``, 2020, and
2022''; and
[[Page H7049]]
(B) by striking ``section 2282 of title 10, United States
Code (as so added)'' and inserting ``subsections (a)(1) and
(e)(7)(B) of section 333 of title 10, United States Code'';
and
(2) in paragraph (2)--
(A) by redesignating subparagraph (E) as subparagraph (H);
and
(B) by inserting after subparagraph (D) the following:
``(E) An evaluation of coordination by the Department of
Defense with foreign countries under the program or programs,
as applicable.
``(F) A description and evaluation of the methodology used
by the Department of Defense to evaluate the effectiveness of
training under the program or programs.
``(G) An analysis of the methodology used by the Department
of Defense to evaluate the effectiveness of the program or
programs to develop the institutional capacity of the foreign
countries.''.
SEC. 1205. TEMPORARY AUTHORITY TO PAY FOR TRAVEL AND
SUBSISTENCE EXPENSES OF FOREIGN NATIONAL
SECURITY FORCES PARTICIPATING IN THE TRAINING
PROGRAM OF THE UNITED STATES-COLOMBIA ACTION
PLAN FOR REGIONAL SECURITY.
(a) Authority.--For fiscal year 2022, the Secretary of
Defense is authorized to pay for the travel, subsistence, and
similar personnel expenses of the national security forces of
a friendly foreign country to participate in the training
program of the United States-Colombia Action Plan for
Regional Security conducted at a facility in Colombia.
(b) Notification.--Not later than 15 days before the
exercise of the authority under subsection (a), the Secretary
shall provide to the congressional defense committees a
written notification that includes the following:
(1) An identification of the foreign country, and the
specific unit of the national security forces of such
country, the capacity of which will be built by participating
in such training program.
(2) The amount of support to be provided under that
subsection.
(3) An identification of the United States equipment
purchased or acquired by such foreign country, for the use of
which training is being provided under such training program.
(4) A description of the specific capabilities to be built
through such training program with such support.
(5) A detailed description of the manner in which building
the capabilities of such country through such training
program advances the national security interests of the
United States.
(6) A detailed assessment of the effectiveness of such
training program in meeting Department of Defense
requirements for building the capacity of such country.
(c) Source of Funds.--Of the amounts authorized to be
appropriated for fiscal year 2022 for the Department of
Defense for operation and maintenance, Defense-wide, the
Secretary may obligate or expend not more than $2,000,000 to
pay for expenses described in subsection (a) for such fiscal
year.
(d) Limitation.--The provision of support under subsection
(a) shall be subject to section 362 of title 10, United
States Code.
SEC. 1206. SECURITY COOPERATION STRATEGY FOR CERTAIN
COMBATANT COMMANDS.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of State, shall develop and implement a
security cooperation strategy for each covered combatant
command, which shall apply to the security cooperation
programs and activities of the Department of Defense (as
defined in section 301 of title 10, United States Code).
(b) Elements.--The strategy for each covered combatant
command required by subsection (a) shall include the
following:
(1) A discussion of how the strategy will--
(A) support and advance United States national security
interests in strategic competition with near-peer rivals;
(B) prioritize and build key capabilities of allied and
partner security forces so as to enhance bilateral and
multilateral interoperability and responsiveness;
(C) prioritize and build the capabilities of foreign
partner security forces to secure their own territory,
including through operations against violent extremist
groups;
(D) promote and build institutional capabilities for
observance of, and respect for--
(i) the law of armed conflict;
(ii) human rights and fundamental freedoms;
(iii) the rule of law; and
(iv) civilian control of the military; and
(E) support the programs and activities of law enforcement
and civilian agencies, as appropriate, to counter the threat
of and reduce risks from illicit drug trafficking and other
forms of transnational organized crime.
(2) A statement of the security cooperation strategic
objectives for--
(A) the covered combatant command; and
(B) the covered combatant command in conjunction with other
covered combatant commands.
(3) A description of the primary security cooperation lines
of effort for achieving such strategic objectives, including
prioritization of foreign partners within the covered
combatant command.
(4) A description of the Department of Defense authorities
to be used for each such line of effort and the manner in
which such authorities will contribute to achieving such
strategic objectives.
(5) A description of the institutional capacity-building
programs and activities within the covered combatant command
and an assessment of the manner in which such programs and
activities contribute to achieving such strategic objectives.
(6) A description of Department of Defense educational
programs and institutions, and international institutions,
relevant to the combatant command and an assessment of the
manner in which such programs and institutions contribute to
achieving such strategic objectives.
(7) A discussion of the manner in which the development,
planning, and implementation of programs or activities under
Department of Defense security cooperation authorities are
coordinated and deconflicted with security assistance and
other assistance authorities of the Department of State and
other civilian agencies.
(c) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the security cooperation strategy for each covered combatant
command developed under subsection (a).
(2) Subsequent reports.--Beginning in fiscal year 2023, and
annually thereafter through fiscal year 2027, concurrently
with the submittal of the report required by section 386(a)
of title 10, United States Code, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report on the implementation of the security cooperation
strategy for each covered combatant command developed under
subsection (a).
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) Covered combatant command.--The term ``covered
combatant command'' means--
(A) the United States European Command;
(B) the United States Indo-Pacific Command;
(C) the United States Central Command;
(D) the United States Africa Command;
(E) the United States Southern Command; and
(F) the United States Northern Command.
SEC. 1207. REPORT ON SECURITY COOPERATION PROGRAMS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report that--
(1) reviews the existing requirements for conducting human
rights training of foreign national security forces pursuant
to security cooperation authorities under chapter 16 of title
10, United States Code;
(2) reviews current Department of Defense practices and
procedures for collecting data under such authorities for
purposes of assessing, monitoring, and evaluating the
effectiveness of such human rights training programs and
assessing compliance with section 362 of title 10, United
States Code; and
(3) evaluates the effectiveness of human rights training
described in paragraph (1) to contribute to United States
national security objectives.
(b) Matters to Be Included.--The report required by
subsection (a) may include recommendations for measures to
improve the effectiveness of human rights training or to
promote observation of and respect for human rights and
fundamental freedoms, the rule of law, and civilian control
of the military.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES
ARMED FORCES SERVICEMEMBERS IN AFGHANISTAN.
It is the sense of Congress that--
(1) the servicemembers of the United States Armed Forces
who served in Afghanistan represent the very best of the
United States;
(2) the service of those who returned home from war with
wounds seen and unseen and those who died in defense of the
Nation are not forgotten;
(3) the United States honors these brave members of the
Armed Forces and their families; and
(4) the United States shall never forget the services they
rendered and the sacrifices they and their families made in
the defense of a grateful Nation.
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
Section 1233 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393) is
amended--
(1) in subsection (a), by striking ``for the period
beginning on October 1, 2020, and ending on December 31,
2021'' and inserting ``for the period beginning on October 1,
2021, and ending on December 31, 2022''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on October 1,
2020, and ending on December 31, 2021'' and inserting
``during the period beginning on October 1, 2021, and ending
on December 31, 2022''; and
(B) by striking ``$180,000,000'' and inserting
``$60,000,000''.
SEC. 1213. PROHIBITION ON TRANSFER OF DEPARTMENT OF DEFENSE
FUNDS OR RESOURCES TO THE TALIBAN.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available to the
Department of Defense may be made available--
(1) to provide any funds or resources to the Taliban; or
[[Page H7050]]
(2) to conduct any military cooperation or sharing of
military intelligence with the Taliban, unless the Secretary
of Defense determines that such cooperation or sharing
advances the national security interests of the United
States.
(b) Notification.-----
(1) Submission required.--If the Secretary makes an
affirmative determination described in subsection (1)(a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a written
description of the military cooperation or military
intelligence that was shared with the Taliban pursuant to
such determination, not later than 5 days after the date of
such cooperation or sharing. The Secretary shall include with
such description any other matter the Secretary determines
relevant.
(2) Form.--The information described in paragraph (1) shall
be submitted in an unclassified format and may include a
classified annex.
SEC. 1214. PROHIBITION ON TRANSPORTING CURRENCY TO THE
TALIBAN OR THE ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available for the operation of any aircraft of
the Department of Defense to transport currency or other
items of value to the Taliban, the Islamic Emirate of
Afghanistan, or any subsidiary, agent, or instrumentality of
either the Taliban or the Islamic Emirate of Afghanistan.
SEC. 1215. PROHIBITION ON REMOVAL OF PUBLICLY AVAILABLE
ACCOUNTINGS OF MILITARY ASSISTANCE PROVIDED TO
THE AFGHAN SECURITY FORCES.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2022 may be used to remove from the website of
the Department of Defense or any other agency publicly
available accountings of military assistance provided to the
Afghan security forces that was publicly available online as
of July 1, 2021.
SEC. 1216. JOINT REPORT ON USING THE SYNCHRONIZED
PREDEPLOYMENT AND OPERATIONAL TRACKER (SPOT)
DATABASE TO VERIFY AFGHAN SIV APPLICANT
INFORMATION.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall submit to appropriate congressional
committees a joint report on the use of the Department of
Defense Synchronized Predeployment and Operational Tracker
database (in this section referred to as the ``SPOT
database'') to verify the existence, for the purpose of
determining eligibility for special immigrant visa (SIV)
program, of--
(1) Department of Defense contracts;
(2) employment of Afghans who worked for the United States
Government; and
(3) biographic data.
(b) Elements of Joint Report.--The joint report required
under subsection (a) shall--
(1) evaluate the improvements in the SIV process following
the use of the SPOT database to verify SIV applications,
including the extent to which use of SPOT expedited SIV
processing, reduced the risk of fraudulent documents, and the
extent to which the SPOT database could be used for future
SIV programs;
(2) identify obstacles that persisted in documenting the
identity and employment of locally employed staff and
contractors after the use of the SPOT database in the SIV
process; and
(3) recommend the changes to the SPOT database that would
be necessary to make it a centralized interagency database of
personnel and employment data that can be used to adjudicate
SIV eligibility for those employed under United States
Government contracts, grants, or cooperative agreements.
(c) Consultation.--For the purposes of preparing the joint
report required under this section, the Secretary of Defense
and the Secretary of State shall consult with the
Administrator of the United States Agency for International
Development and the Secretary of Homeland Security.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1217. REPORT AND BRIEFING ON UNITED STATES EQUIPMENT,
PROPERTY, AND CLASSIFIED MATERIAL THAT WAS
DESTROYED OR ABANDONED IN THE WITHDRAWAL FROM
AFGHANISTAN.
(a) In General.--Not later than 90 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 and money in cash that was destroyed or
abandoned in Afghanistan or removed from 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 or abandoned, disaggregated by military department
and itemized to the most specific feasible level.
(2) An itemized list of destroyed or abandoned aircraft in
Afghanistan and the location and condition of aircraft flown
out of Afghanistan formerly possessed by the Afghan Air Force
or the former government of Afghanistan.
(3) An itemized list of destroyed or abandoned weapons,
weapon systems, components of weapons or weapon systems,
ammunition, explosives, missiles, ordnance, bombs, mines, or
projectiles, disaggregated by military department.
(4) For each item on a list referred to in paragraphs (2)
and (3), an explanation of the legal authority relied upon to
destroy or abandon that specific item.
(5) An evaluation of the capabilities of the Taliban post-
withdrawal as a result of their seizure of abandoned covered
United States equipment, property, and classified material,
including an evaluation of the capabilities of the Taliban
post-withdrawal to monetize through the transfer of abandoned
covered United States equipment, property, and classified
material to adversaries of the United States.
(6) An assessment of aircraft flown out of Afghanistan
formerly possessed by the Afghan Air Force or the former
government of Afghanistan that could be returned to the
Taliban or to the Islamic Emirate of Afghanistan by other
countries.
(7) An assessment of the damage to the national security
interests of the United States as a result of the destroyed
or abandoned covered United States equipment, property, and
classified material.
(8) An assessment of the feasibility of disabling,
destroying, recovering, or recapturing abandoned covered
United States equipment, property, and classified material in
and outside of Afghanistan and any plans to do so.
(9) Available imagery or photography depicting the Taliban
or other countries possessing abandoned covered United States
equipment, property, and classified material.
(b) Executive Summary of Report.--The report required under
subsection (a) shall include an executive summary of the
report, which shall be unclassified and made publicly
available.
(c) Briefing.--Not later than 120 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) Covered united states equipment, property, and
classified material.--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) Covered period.--The term ``covered period'' means the
period beginning on February 29, 2020, and ending on the date
of the enactment of this Act.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND
INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
127 Stat. 3451) is amended by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(b) Notice Before Provision of Assistance.--Subsection
(b)(2) of such section is amended by striking subparagraph
(A) and inserting the following:
``(A) not later than 15 days before the expenditure of each
25 percent of the total amount authorized to be appropriated
in any fiscal year under this section; or''.
(c) Waiver Authority.--Subsection (l) of such section is
amended by adding at the end the following:
``(3) Waiver authority.--
``(A) In general.--The President may waive the limitation
under paragraph (1)(A) on a per project basis for the
purposes of providing support authorized under subsection
(a)(4) if the President--
``(i) determines that the waiver is in the national
security interest of the United States; and
``(ii) submits to the appropriate congressional committees
a notification of the exercise of the waiver.
``(B) Notice and wait.--
``(i) In general.--A project with respect to which the
exercise of a waiver under subparagraph (A) applies may only
be carried out after the end of a 15-day period beginning at
the date on which the appropriate congressional committees
receive the notification required by subparagraph (A)(ii).
``(ii) Matters to be included.--The notification required
by subparagraph (A)(ii) shall include the following:
``(I) A detailed plan and cost estimate for the project.
``(II) A certification by the President that facilities and
activities relating to the project comply with--
``(aa) the law of armed conflict;
``(bb) internationally recognized human rights;
``(cc) the principle of non-refoulement;
``(dd) the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment
[[Page H7051]]
or Punishment (done at New York on December 10, 1984); and
``(ee) the United Nations Convention Relating to the Status
of Refugees, done at Geneva July 28, 1951 (as made applicable
by the Protocol Relating to the Status of Refugees, done at
New York January 31, 1967 (19 UST6223)).
``(III) An explanation of the national security interest
addressed by the project.
``(iii) Appropriate congressional committees defined.--In
this subparagraph, the term `appropriate congressional
committees' means--
``(I) the congressional defense committees; and
``(II) the Committee on Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives.
``(C) Update to plan and cost estimate.--Upon obligation of
any funds to carry out a project with respect to which the
exercise of a waiver under subparagraph (A) applies, the
Secretary of Defense shall submit to the congressional
defense committees an update to the plan and cost estimate
for the project as required by subparagraph (B)(ii)(I).
``(D) Sunset.--The waiver authority under this paragraph
shall expire on December 31, 2022.''.
(d) Technical Amendment.--The table of contents for the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
127 Stat. 3293) is amended by striking the item relating to
section 1209 and inserting the following:
``Sec. 1209. Authority to provide assistance to vetted Syrian groups
and individuals.''.
SEC. 1222. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the President, acting through
the Secretary of State and in coordination with the Secretary
of Defense, shall submit to the appropriate congressional
committees a report that contains a description of the United
States defense and diplomatic strategy for Syria.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) A United States diplomatic strategy for Syria,
including a description of the desired diplomatic objectives
for advancing United States national interests in Syria,
desired end-goals, and a description of the intended
diplomatic and related foreign policy means to achieve such
objectives, including engagement with key foreign actors
operating in Syria such as Russia and Turkey.
(2) A United States defense strategy for Syria, including a
description of the security objectives the United States aims
to achieve, including the objectives and desired end-state
for the United States military presence in northeast Syria,
envisioned transition timeline for security responsibilities
to the Syrian Democratic Forces (SDF), and status of
remaining ISIS elements, strategy to mitigate Turkish-SDF
tensions, and a long-term approach to managing the threat of
Iranian-aligned militias and forces operating in Syria to
United States partners and interests.
(3) A description of United States strategy and objectives
for United States military support to and coordination with
the Jaysh Maghawir al-Thawra (``MaT'') including transition
plan and operational needs in and around Al-Tanf.
(4) A plan for enduring security of ISIS detainees
currently held in SDF secured facilities (including so-called
``third country fighters'' as well as Iraqi and Syrian
national ISIS detainees) accounting for security of personnel
and facilities involved.
(5) A diplomatic strategy for securing the repatriation of
remaining ISIS ``third country fighters'' to countries of
origin, including a comprehensive breakdown of each country
of origin and number of detainees yet to be repatriated.
(6) A plan for the resettlement and disposition of ISIS
connected women and children in remaining detention
facilities, including roles and responsibilities of counter-
ISIS coalition partners.
(7) A detailed assessment of the security and humanitarian
situation at the internally displaced persons camp at Rukban,
including an overview of international efforts to reduce the
camp's population and United States policy options to
ameliorate the situation.
(8) A plan for diplomatic and humanitarian engagement with
regional partners and multilateral institutions to ensure
successful and safe delivery of continued humanitarian
assistance to non-regime held areas of Syria.
(9) An assessment of United States efforts to prevent
normalization and rehabilitation of the Assad regime, to
include addressing recent outreach to the Assad regime by
United States partners.
(10) An assessment of United States diplomatic efforts to
prevent Syria's re-entry into the Arab League.
(11) An assessment of progress towards meeting the criteria
specified in paragraphs (1) through (7) of section 7431(a) of
the Caesar Syria Civilian Protection Act of 2019 (Public Law
116-92; 133 Stat. 2297), required for suspension of sanctions
against the Assad regime.
(12) An assessment of United States efforts to seek
accountability for the Assad regime's crimes against the
Syrian people, to include unlawful detention, forced
disappearance, torture, starvation, and the use of chemical
weapons.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ
AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558) is amended by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022''; and
(2) by striking ``$322,500,000'' and inserting
``$345,000,000''.
(c) Assessment and Authority To Assist Directly Certain
Covered Groups.--Subsection (l)(1)(B) of such section is
amended--
(1) by striking clause (ii);
(2)(A) by redesignating clauses (iii) through (vi) as
clauses (ii) through (v), respectively; and
(B) by redesignating clause (vii) as clause (xi);
(3) in clause (iv), as redesignated, by striking ``, and
once established, the Iraqi Sunni National Guard''; and
(4) by inserting after clause (v), as redesignated, the
following:
``(vi) Whether the Shia militias are gaining new malign
capabilities or improving such capabilities, and whether the
Government of Iraq is acting to counter or suppress those
capabilities.
``(vii) Whether the Government of Iraq is acting to ensure
the safety of United States Government personnel and
citizens, as well as the safety of United States facilities.
``(viii) Whether the Government of Iraq is ensuring the
safe and voluntary return of ethno-religious minority
populations to their home communities in the Nineveh Plains
region of Iraq.
``(ix) Whether the Government of Iraq has provided support
and funding to institutionalize and make permanent local,
representative, and regionally-based security forces.
``(x) An assessment of the impact of the Iraq and Syria
Genocide Relief and Accountability Act of 2018 (Public Law
115-300) on return rates of vulnerable, indigenous, ethno-
religious groups, including Assyrians and Yazidis, in those
areas of the Nineveh Plains region of Iraq in which
assistance has been provided pursuant to subsection (a).''.
(d) Waiver Authority.--Such section, as so amended, is
further amended by adding at the end the following:
``(o) Waiver Authority.--
``(1) In general.--The President may waive the dollar
amount limitation in subsection (a) with respect to a
construction, repair, or renovation project for the purposes
of providing the support described in paragraph (2) if the
President--
``(A) determines that the waiver is in the national
security interest of the United States; and
``(B) submits to the appropriate congressional committees a
notification of the exercise of the waiver.
``(2) Support described.--The support described in this
paragraph is support relating to temporary humane detention
of Islamic State of Iraq and Syria foreign terrorist fighters
in accordance with all laws and obligations relating to the
provision of such support, including, as applicable--
``(A) the law of armed conflict;
``(B) internationally recognized human rights;
``(C) the principle of non-refoulement;
``(D) the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (done at New
York on December 10, 1984); and
``(E) the United Nations Convention Relating to the Status
of Refugees, done at Geneva July 28, 1951 (as made applicable
by the Protocol Relating to the Status of Refugees, done at
New York January 31, 1967 (19 UST6223)).
``(3) Notice and wait.--
``(A) In general.--A project with respect to which the
exercise of a waiver under paragraph (1) applies may only be
carried out after the end of a 15-day period beginning at the
date on which the appropriate congressional committees
receive the notification required by paragraph (1)(B).
``(B) Matters to be included.--The notification required by
paragraph (1)(B) shall include the following:
``(i) A detailed plan and cost estimate for the project.
``(ii) A certification by the President that facilities and
activities relating to the project comply with the laws and
obligations described in paragraph (2).
``(iii) An explanation of the national security interest
addressed by the project.
``(C) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate congressional
committees' means--
``(i) the congressional defense committees; and
``(ii) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
``(4) Update to plan and cost estimate.--Upon obligation of
any funds to carry out a project with respect to which the
exercise of a waiver under paragraph (1) applies, the
Secretary of Defense shall submit to the congressional
defense committees an update to the plan and cost estimate
for the project as required by paragraph (3)(B)(i).
``(5) Sunset.--The waiver authority under this subsection
shall expire on December 31, 2022.''.
(e) Restriction on Counter-ISIS Train and Equip Fund.--
Amounts authorized to be appropriated by this Act or the
amendments made by this Act or otherwise made available for
any fiscal year to the Counter-Islamic State of Iraq and
Syria Train and Equip Fund are authorized to be made
available only in support of partner
[[Page H7052]]
forces eligible to receive assistance under section 1209(a)
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3541) or subsection (a) of section 1236 of
such Act, as amended by subsection (a) of this section.
(f) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the heads of other relevant Federal
departments and agencies, shall submit to appropriate
congressional committees a report that contains the
following:
(A) A comprehensive strategy and plan to train and build
lasting and sustainable military capabilities of the Iraqi
security forces, including the Kurdish Peshmerga, using
existing authorities, which may include a memorandum of
understanding with the Ministry of Peshmerga Affairs in
coordination with the Government of Iraq.
(B) A plan to engage the Government of Iraq and the
Kurdistan Regional Government in security sector reform and
strengthen and sustainably build the capacity of Iraq's
national defense and security institutions, including the
Kurdish Peshmerga.
(C) A description of the current status, capabilities, and
operational capacity of remaining Islamic State of Iraq and
Syria elements active in Iraq and Syria.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year
2012 (10 U.S.C. 113 note) is amended by striking ``fiscal
year 2021'' and inserting ``fiscal year 2022''.
(b) Source of Funds.--Subsection (d) of such section is
amended by striking ``fiscal year 2021'' and inserting
``fiscal year 2022''.
(c) Limitation on Availability of Funds.--Subsection (h) of
such section is amended to read as follows:
``(h) Limitation on Availability of Funds.--Of the amount
authorized to be appropriated by this Act for fiscal year
2022 to carry out this section, not more than $10,000,000 may
be obligated or expended for the Office of Security
Cooperation in Iraq until the date on which the Secretary of
Defense provides to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report that--
``(1) details further steps to reorganize the Office in a
manner similar to that of other security cooperation offices
in the region and indicates whether such reorganization will
be achieved by 2023;
``(2) describes progress made toward the continuation of
bilateral engagement with the Government of Iraq, with the
objective of establishing a joint mechanism for security
assistance planning;
``(3) includes a five-year security assistance roadmap for
developing sustainable military capacity and capabilities and
enabling defense institution building and reform; and
``(4) describes progress made toward, and a timeline for,
the transition of the preponderance of funding for the
activities of the Office from current sources to the Foreign
Military Financing Administrative Fund and the Foreign
Military Sales Trust Fund Administrative Surcharge Account in
future years.''.
SEC. 1225. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available, directly or indirectly, to the Badr
Organization.
SEC. 1226. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available to transfer or facilitate a transfer of
pallets of currency, currency, or other items of value to the
Government of Iran, any subsidiary of such Government, or any
agent or instrumentality of Iran.
SEC. 1227. REPORT ON THE MILITARY CAPABILITIES OF IRAN AND
RELATED ACTIVITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a report that includes the following:
(1) A detailed description of each of the following:
(A) Advancements in the military capabilities of Iran,
including capabilities of the Islamic Revolutionary Guard
Corps, the Quds Force, the Artesh, and the Basij.
(B) All known instances of the supply, sale, or transfer of
arms or related materiel, including spare parts, to or from
Iran.
(C) All known instances of missile launches by Iran,
including for the purposes of testing and development or use
in military operations.
(D) Changes to the military capabilities of Iran-backed
groups, most notably Lebanese Hezbollah, Asa'ib ahl al-Haq,
Harakat Hezbollah al-Nujaba, Kata'ib Sayyid al-Shuhada,
Kata'ib al-Imam Ali, Kata'ib Hezbollah, the Badr
Organization, the Fatemiyoun, the Zainabiyoun, and Ansar
Allah (also known as the Houthis).
(2) An assessment of each of the following:
(A) Impacts that the imposition or revocation of unilateral
United States economic sanctions on Iran may have on the
military capabilities of entities described in subparagraphs
(A) and (D) of paragraph (1).
(B) Acts of violence and intimidation that Iranian-backed
militias in Iraq have committed against Iraqi civilians.
(C) The threat that Iranian-backed militias in Iraq pose to
United States personnel in Iraq and in the Middle East,
including United States Armed Forces and diplomats.
(D) The threat Iranian-backed militias in Iraq pose to
United States partners in the region.
(E) The role that Iranian-backed militias in Iraq,
including the Badr Organization, play in Iraq's armed forces
and security services, including Iraq's Popular Mobilization
Forces.
(F) The United Nations arms embargo on Iran's ability to
supply, sell, or transfer, directly or indirectly, arms or
related materiel while the embargo was in effect.
(G) Iran's use of kidnapping operations against United
States citizens and an analysis of opportunities to counter
such actions or impose costs on Iran.
(b) Time Period.--Except as otherwise provided, the report
required by subsection (a) shall cover developments during
the period beginning in June 2018 and ending on the day
before the date on which the report is submitted.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1228. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY
IRAN.
It is the sense of Congress that--
(1) the Government of Iran's decision to enrich uranium up
to 60 percent purity is a further escalation and shortens the
breakout time to produce enough highly enriched uranium to
develop a nuclear weapon; and
(2) the Government of Iran should immediately abandon any
pursuit of a nuclear weapon.
Subtitle D--Matters Relating to Russia
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) is amended by
striking ``2020, or 2021'' and inserting ``2020, 2021, or
2022''.
SEC. 1232. EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended as follows:
(1) In subsection (c)--
(A) in paragraph (1), by striking ``funds available for
fiscal year 2021 pursuant to subsection (f)(6)'' and
inserting ``funds available for fiscal year 2022 pursuant to
subsection (f)(7)'';
(B) in paragraph (3), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022''; and
(C) in paragraph (5), by striking ``Of the funds available
for fiscal year 2021 pursuant to subsection (f)(6)'' and
inserting ``Of the funds available for fiscal year 2022
pursuant to subsection (f)(7)''.
(2) In subsection (f), by adding at the end the following:
``(7) For fiscal year 2022, $300,000,000.''.
(3) In subsection (h), by striking ``December 31, 2023''
and inserting ``December 31, 2024''.
SEC. 1233. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN
EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note)
is amended--
(1) in the first sentence, by striking ``December 31,
2023'' and inserting ``December 31, 2024''; and
(2) in the second sentence, by striking ``the period
beginning on October 1, 2015, and ending on December 31,
2023'' and inserting ``the period beginning on October 1,
2015, and ending on December 31, 2024.''.
SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the Department of Defense may be
obligated or expended to implement any activity that
recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under
subsection (a) if the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason
for seeking the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
[[Page H7053]]
SEC. 1235. REPORT ON RUSSIAN INFLUENCE OPERATIONS AND
CAMPAIGNS TARGETING MILITARY ALLIANCES AND
PARTNERSHIPS OF WHICH THE UNITED STATES IS A
MEMBER.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act and biennially thereafter
until April 1, 2024, the Secretary of Defense and the
Secretary of State, in coordination with the Director of
National Intelligence and the heads of any other appropriate
departments or agencies, shall jointly submit to the
appropriate congressional committees a report on Russian
influence operations and campaigns that target United States
military alliances and partnerships.
(b) Elements.--The report required under subsection (a)
shall include each of the following:
(1) An assessment of Russia's objectives for influence
operations and campaigns targeting United States military
alliances and partnerships, including the North Atlantic
Treaty Organization, its allies, and partner countries, and
how such operations and campaigns relate to Russia's broader
strategic aims.
(2) The activities and roles of the Department of Defense
and Department of State in the United States Government
strategy to counter such Russian influence operations and
campaigns.
(3) A comprehensive list of specific Russian state and non-
state entities, or those of any other country with which
Russia may cooperate, involved in supporting such Russian
influence operations and campaigns and the role of each such
entity in such support.
(4) An identification of the tactics, techniques, and
procedures used in previous Russian influence operations and
campaigns.
(5) An assessment of the impact of previous Russian
influence operations and campaigns targeting United States
military alliances and partnerships, including the views of
senior Russian officials about the effectiveness of such
operations and campaigns in achieving Russian objectives.
(6) An identification of each United States ally and
partner, and each military alliance of which the United
States is a member, that has been targeted by Russian
influence operations and campaigns.
(7) An identification of each United States ally and
partner, and each military alliance of which the United
States is a member, that may be targeted in future Russian
influence operations and campaigns, and an assessment of the
likelihood that each such ally, partner, or alliance will be
targeted.
(8) An assessment of the capacity and efforts of each
United States ally and partner, and each military alliance of
which the United States is a member, to counter Russian
influence operations and campaigns.
(9) An identification of tactics, techniques, and
procedures likely to be used in future Russian influence
operations and campaigns targeting United States military
alliances and partnerships.
(10) Recommended authorities or activities for the
Department of Defense and Department of State in the United
States Government strategy to counter such Russian influence
operations and campaigns.
(11) Any other matters the Secretaries determine
appropriate.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form and in a manner appropriate
for release to the public, but may include a classified
annex.
(d) Definitions.--In this section, the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1241. EXTENSION AND MODIFICATION OF INDO-PACIFIC
MARITIME SECURITY INITIATIVE.
(a) Assistance and Training.--Subsection (a)(1) of section
1263 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 333 note) is amended, in the matter
preceding subparagraph (A), by striking ``for the purpose
of'' and all that follows through ``Indian Ocean'' and
inserting ``with the primary goal of increasing multilateral
maritime security cooperation and maritime domain awareness
of foreign countries in the area of responsibility of the
United States Indo-Pacific Command''.
(b) Recipient Countries.--Subsection (b) of such section is
amended to read as follows:
``(b) Recipient Countries.--The foreign countries that may
be provided assistance and training under subsection (a) are
the countries located within the area of responsibility of
the United States Indo-Pacific Command.''.
(c) Types of Assistance and Training.--Subsection (c)(1) of
such section is amended by striking ``small-scale military
construction'' and inserting ``small-scale construction (as
defined in section 301 of title 10, United States Code)''.
(d) Priorities for Assistance and Training.--Subsection (d)
of such section is amended to read as follows:
``(d) Priorities for Assistance and Training.--In
developing programs for assistance or training to be provided
under subsection (a), the Secretary of Defense shall
prioritize assistance, training, or both, to enhance--
``(1) multilateral cooperation and coordination among
recipient countries; or
``(2) the capabilities of a recipient country to more
effectively participate in a regional organization of which
the recipient country is a member.''.
(e) Incremental Expenses of Personnel of Certain Other
Countries for Training.--Subsection (e) of such section is
amended to read as follows:
``(e) Incremental Expenses of Personnel of Recipient
Countries for Training.--If the Secretary of Defense
determines that the payment of incremental expenses (as
defined in section 301 of title 10, United States Code) in
connection with training described in subsection (a)(1)(B)
will facilitate the participation in such training of
organization personnel of recipient countries described in
subsection (b), the Secretary may use amounts available under
subsection (f) for assistance and training under subsection
(a) for the payment of such incremental expenses.''.
(f) Availability of Funds.--Subsection (f) of such section
is amended to read as follows:
``(f) Availability of Funds.--Of the amounts authorized to
be appropriated for each of fiscal years 2022 through 2027
for the Department of Defense, Operation and Maintenance,
Defense-wide, $50,000,000 may be made available for the
provision of assistance and training under subsection (a).''.
(g) Limitations.--Such section is further amended--
(1) by striking subsection (i);
(2) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Limitations.--
``(1) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in subsection
(a) to provide any type of assistance described in subsection
(c) that is otherwise prohibited by any provision of law.
``(2) Prohibition on assistance to units that have
committed gross violations of human rights.--The provision of
assistance pursuant to a program under subsection (a) shall
be subject to the provisions of section 362 of title 10,
United States Code.
``(3) Security cooperation.--Assistance, training, and
exercises with recipient countries described in subsection
(b) shall be planned and prioritized consistent with
applicable guidance relating to the security cooperation
program and activities of the Department of Defense.
``(4) Assessment, monitoring, and evaluation.--The
provision of assistance and training pursuant to a program
under subsection (a) shall be subject to the provisions of
section 383 of title 10, United States Code.''.
(h) Notice to Congress on Assistance and Training.--
Subsection (h)(1) of such section, as so redesignated, is
amended--
(1) by amending subparagraph (B) to read as follows:
``(B) A detailed justification of the program for the
provision of the assistance or training concerned, its
relationship to United States security interests, and an
explanation of the manner in which such assistance or
training will increase multilateral maritime security
cooperation or maritime domain awareness.''; and
(2) in subparagraph (G) by striking ``the geographic
combatant command concerned'' and inserting ``the United
States Indo-Pacific Command''.
(i) Annual Monitoring Report.--Subsection (i) of such
section, as so redesignated, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``March 1, 2020'' and inserting ``March 1, 2022'';
(B) by redesignating subparagraphs (A) through (G) as
subparagraphs (B) through (H), respectively;
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) The overall strategy for improving multilateral
maritime security cooperation and maritime domain awareness
across the theater, including an identification of the
following:
``(i) Priority countries and associated capabilities across
the theater.
``(ii) Strategic objectives for the Indo-Pacific Maritime
Security Initiative across the theater, lines of effort, and
desired end results for such lines of effort.
``(iii) Significant challenges to improving multilateral
maritime security cooperation and maritime domain awareness
across the theater and the manner in which the United States
Indo-Pacific Command is seeking to address such
challenges.''; and
(D) in subparagraph (B), as so redesignated--
(i) in clause (ii), by striking the semicolon and inserting
``; and''; and
(ii) by adding at the end the following new clause:
``(iii) how such capabilities can be leveraged to improve
multilateral maritime security cooperation and maritime
domain awareness.''; and
(2) in paragraph (2), by striking ``subsection (g)(2)'' and
inserting ``subsection (h)(2)''.
(j) Expiration.--Subsection (j) of such section is amended
by striking ``December 31, 2025'' and inserting ``December
31, 2027''.
SEC. 1242. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE
INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended to read as follows:
``(c) Funding.--Of the amounts authorized to be
appropriated by the National Defense Authorization Act for
Fiscal Year 2022 for the Department of Defense for fiscal
year 2022, there is authorized to be appropriated for the
Pacific Deterrence Initiative such sums as may be necessary,
as indicated in sections 4101, 4201, 4301, and 4601 of such
Act.''.
(b) Report on Resourcing United States Defense Requirements
for the Indo-pacific
[[Page H7054]]
Region and Study on Competitive Strategies.--Such section is
further amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively;
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Report on Resourcing United States Defense
Requirements for the Indo-pacific Region and Study on
Competitive Strategies.--
``(1) Report required.--
``(A) In general.--At the same time as the submission of
the budget of the President (submitted to Congress pursuant
to section 1105 of title 31, United States Code) for each of
fiscal years 2023 and 2024, the Commander of the United
States Indo-Pacific Command shall submit to the congressional
defense committees a report containing the independent
assessment of the Commander with respect to the activities
and resources required, for the first fiscal year beginning
after the date of submission of the report and the four
following fiscal years, to achieve the following objectives:
``(i) The implementation of the National Defense Strategy
with respect to the Indo-Pacific region.
``(ii) The maintenance or restoration of the comparative
military advantage of the United States with respect to the
People's Republic of China.
``(iii) The reduction of the risk of executing contingency
plans of the Department of Defense.
``(B) Matters to be included.--The report required under
subparagraph (A) shall include the following:
``(i) With respect to the achievement of the objectives
described in subparagraph (A), a description of the intended
force structure and posture of assigned and allocated forces
in each of the following:
``(I) West of the International Date Line.
``(II) In States outside the contiguous United States east
of the International Date Line.
``(III) In the contiguous United States.
``(ii) An assessment of capabilities requirements to
achieve such objectives.
``(iii) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
``(iv) An identification of required infrastructure and
military construction investments to achieve such objectives.
``(v) An assessment of security cooperation activities or
resources required to achieve such objectives.
``(vi)(I) A plan to fully resource United States force
posture and capabilities, including--
``(aa) a detailed assessment of the resources necessary to
address the elements described in clauses (i) through (v),
including specific cost estimates for recommended investments
or projects--
``(AA) to modernize and strengthen the presence of the
United States Armed Forces, including those with advanced
capabilities;
``(BB) to improve logistics and maintenance capabilities
and the pre-positioning of equipment, munitions, fuel, and
materiel;
``(CC) to carry out a program of exercises, training,
experimentation, and innovation for the joint force;
``(DD) to improve infrastructure to enhance the
responsiveness and resiliency of the United States Armed
Forces;
``(EE) to build the defense and security capabilities,
capacity, and cooperation of allies and partners; and
``(FF) to improve capabilities available to the United
States Indo-Pacific Command;
``(bb) a detailed timeline to achieve the intended force
structure and posture described in clause (i).
``(II) The specific cost estimates required by subclause
(I)(aa) shall, to the maximum extent practicable, include the
following:
``(aa) With respect to procurement accounts--
``(AA) amounts displayed by account, budget activity, line
number, line item, and line item title; and
``(BB) a description of the requirements for each such
amount.
``(bb) With respect to research, development, test, and
evaluation accounts--
``(AA) amounts displayed by account, budget activity, line
number, program element, and program element title; and
``(BB) a description of the requirements for each such
amount.
``(cc) With respect to operation and maintenance accounts--
``(AA) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
``(BB) a description of the specific manner in which each
such amount would be used.
``(dd) With respect to military personnel accounts--
``(AA) amounts displayed by account, budget activity,
budget subactivity, and budget subactivity title; and
``(BB) a description of the requirements for each such
amount.
``(ee) With respect to each project under military
construction accounts (including unspecified minor military
construction and amounts for planning and design), the
country, location, project title, and project amount for each
fiscal year.
``(ff) With respect to any expenditure or proposed
appropriation not described in items (aa) through (ee), a
level of detail equivalent to or greater than the level of
detail provided in the future-years defense program submitted
pursuant to section 221(a) of title 10, United States Code.
``(C) Form.--The report required under subparagraph (A) may
be submitted in classified form, but shall include an
unclassified summary.
``(D) Availability.--Not later than February 1 each year,
the Commander of the United States Indo-Pacific 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.
``(2) Briefings required.--
``(A) Initial briefing.--Not later than 15 days after the
submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for each of fiscal years 2023 and 2024, the Secretary
of Defense (acting through the Under Secretary of Defense for
Policy, the Under Secretary of Defense (Comptroller), and the
Director of Cost Assessment and Program Evaluation) and the
Chairman of the Joint Chiefs of Staff shall provide to the
congressional defense committees a joint briefing, and any
written comments the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff consider necessary, with respect to
their assessments of the report submitted under paragraph
(1), including their assessments of the feasibility and
advisability of the plan required by subparagraph (B)(vi) of
that paragraph.
``(B) Subsequent briefing.--Not later than 30 days after
the submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for each of fiscal years 2023 and 2024, the Secretary
of the Air Force, the Secretary of the Army, and the
Secretary of the Navy shall provide to the congressional
defense committees a joint briefing, and documents as
appropriate, with respect to their assessments of the report
submitted under paragraph (1), including their assessments of
the feasibility and advisability of the plan required by
subparagraph (B)(vi) of that paragraph.'';
(3) by amending subsection (e), as redesignated, to read as
follows:
``(e) Plan Required.--At the same time as the submission of
the budget of the President (submitted to Congress pursuant
to section 1105 of title 31, United States Code) for each of
fiscal years 2023 and 2024, the Secretary, in consultation
with the Commander of the United States Indo-Pacific Command,
shall submit to the congressional defense committees a report
on future year activities and resources for the Initiative
that includes the following:
``(1) A description of the activities and resources for the
first fiscal year beginning after the date of submission of
the report and the plan for not fewer than the four following
fiscal years, organized--
``(A) functionally, by the activities described in
paragraphs (1) through (5) of subsection (b); and
``(B) geographically by--
``(i) areas west of the International Date Line;
``(ii) States outside the contiguous United States east of
the International Date Line; and
``(iii) States in the contiguous United States.
``(2) A summary of progress made toward achieving the
purposes of the Initiative.
``(3) A summary of the activity, resource, capability,
infrastructure, and logistics requirements necessary to
achieve measurable progress in reducing risk to the joint
force's ability to achieve objectives in the region.
``(4) A detailed timeline to achieve the requirements
identified under paragraph (3).
``(5) A detailed explanation of any significant
modifications to such requirements, as compared to plans
previously submitted under this subsection.
``(6) Any other matter, as determined by the Secretary.'';
and
(4) in subsection (g), as redesignated, by striking
``subsection (e)'' and inserting ``subsection (f)''.
SEC. 1243. MODIFICATION OF ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202 of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended to read as
follows:
``SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
``(a) Annual Report.--Not later than January 31 of each
year through January 31, 2027, the Secretary of Defense, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall submit to the specified
congressional committees a report on military and security
developments involving the People's Republic of China.
``(b) Matters to Be Included.--Each report under this
section shall include analyses and forecasts, through the
next 20 years, of the following:
``(1) The goals, factors, and trends shaping Chinese
security strategy and military strategy.
``(2) The role of the People's Liberation Army in the
strategy, governance systems, and foreign and economic
policies of the People's Republic of China, including the
following:
``(A) Developments in the defense policy and military
strategy of the People's Republic of China, and the role and
mission of the People's Liberation Army.
``(B) The role of the People's Liberation Army in the
Chinese Communist Party, including the structure and
leadership of the Central Military Commission.
``(C) The internal security role and affiliation of the
People's Liberation Army with the People's Armed Police and
other law enforcement, intelligence, and paramilitary
entities of the People's Republic of China, including any
activities supporting or implementing mass surveillance, mass
detentions, forced labor, or gross violations of human
rights.
[[Page H7055]]
``(3) The role of the People's Liberation Army in, and its
support of, the overall foreign policy of the People's
Republic of China, as expressed through military diplomacy
and other external actions, activities, and operations,
including the following:
``(A) Chinese military-to-military relationships with other
countries, including--
``(i) Chinese military attache presence, activities,
exercises, and agreements with the militaries of other
countries; and
``(ii) military education programs conducted--
``(I) in the People's Republic of China for militaries of
other countries; or
``(II) in other countries for personnel of the People's
Liberation Army.
``(B) Any significant sale or transfer of military
hardware, expertise, and technology to or from the People's
Republic of China, including--
``(i) a forecast of possible future sales and transfers;
``(ii) the implications of such sales and transfers for the
security of the United States and its partners and allies;
and
``(iii) any significant assistance to and from any selling
state with military-related research and development programs
in the People's Republic of China.
``(C) Relations between the People's Republic of China and
the Russian Federation, and between the People's Republic of
China and Iran, with respect to security and military
matters.
``(4) Developments in the military doctrine, operational
concepts, joint command and organizational structures, and
significant military operations and deployments of the
People's Liberation Army.
``(5) Developments and future course of the services,
theater-level commands, and paramilitary organizations of the
People's Liberation Army, including--
``(A) the specific roles and missions, organization,
capabilities, force structure, readiness, and modernization
efforts of such services, theater-level commands, and
paramilitary organizations;
``(B) A summary of the order of battle of the People's
Liberation Army, including ballistic and cruise missile
inventories; and
``(C) developments relating to the Chinese Coast Guard,
including its interactions with the Armed Forces of the
United States, and the implications for its use as a coercive
tool in maritime disputes.
``(7) Developments in the People's Liberation Army as a
global actor, such as overseas military basing, military
logistics capabilities, and infrastructure to project power,
and the overseas command and control structure of the
People's Liberation Army, including--
``(A) Chinese overseas investments or projects likely, or
with significant potential, to be converted into military or
intelligence assets of the People's Republic of China; and
``(B) efforts by the People's Republic of China to use the
People's Liberation Army to expand its presence and influence
overseas and the implications of such efforts on United
States' national defense and security interests in--
``(i) Latin America and the Caribbean;
``(ii) Africa; and
``(iii) the Indo-Pacific region, including the Pacific
Islands.
``(8) The strategy, policy, development, and modernization
of key military capabilities of the People's Republic of
China across the People's Liberation Army, including the
following:
``(A) The cyberwarfare and electronic warfare capabilities
(including details on the number of malicious cyber incidents
originating from the People's Republic of China against
Department of Defense infrastructure) and associated
activities originating or suspected to have originated from
the People's Republic of China.
``(B) The space and counter-space programs and
capabilities.
``(C) The nuclear program and capabilities, including--
``(i) its nuclear strategy and associated doctrines;
``(ii) the size and state of its stockpile and projections
of its future arsenals;
``(iii) its civil and military production capacities; and
``(iv) the modernization and force structure of its
strategic forces.
``(D) The anti-access and area denial capabilities .
``(E) The command, control, communications, computers,
intelligence, surveillance, and reconnaissance modernization
program and capabilities and the applications for such
program and capabilities for precision-guided weapons.
``(9) Trends and developments in the budget, resources,
strategies, and policies of the People's Liberation Army with
respect to science and technology, defense industry reform,
and the use of espionage and technology transfers by the
People's Republic of China, including--
``(A) the relationship between Chinese overseas investment
(including the Belt and Road Initiative, the Digital Silk
Road, and any state- owned or state-controlled digital or
physical infrastructure projects of the People's Republic of
China) and Chinese security and military strategy objectives,
including--
``(i) any Chinese investment or project, located in any
other country, that is linked to military or intelligence
cooperation with such country, such as cooperation on
satellite navigation or arms production; and
``(ii) the implications for United States military or
governmental interests related to denial of access,
compromised intelligence activities, and network advantages
of Chinese investments or projects in other countries,
including in port or port-related infrastructure; and
``(B) efforts (including by espionage and technology
transfers through investment, industrial espionage, cyber
theft, academia, forced technological transfers, and other
means) to develop, acquire, or gain access to information,
communication, space, and other advanced technologies that
would enhance defense capabilities or otherwise undermine the
capability of the Department of Defense to conduct
information assurance, including an assessment of the damage
inflicted on the Department of Defense by such efforts.
``(10) The strategy of the People's Republic of China
regarding Taiwan and the security situation in the Taiwan
Strait, including--
``(A) the posture of the forces of the People's Liberation
Army facing Taiwan; and
``(B) any challenges during the preceding year to the
deterrent forces of the Republic of China on Taiwan,
consistent with the commitments made by the United States in
the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.).
``(11) The maritime strategy and military and nonmilitary
activities in the South China Sea and East China Sea of the
People's Republic of China, including--
``(A) the role and activities of the People's Liberation
Army and maritime law enforcement, the People's Armed Forces
Maritime Militia or other subset national militias, and
paramilitary entities of the People's Republic of China; and
``(B) any such activities in the South China Sea or East
China Sea affecting United States military activities or the
military activities of a United States ally or partner.
``(12) The current state of United States military-to-
military contacts with the People's Liberation Army,
including the following:
``(A) A comprehensive and coordinated strategy for such
military-to-military contacts and any necessary update to the
strategy.
``(B) A summary of all such military-to-military contacts
during the preceding fiscal year including a summary of
topics discussed.
``(C) A description of such military-to-military contacts
scheduled for the 1-year period following the period covered
by the report and the plan for future contacts.
``(D) The Secretary's assessment of the benefits the
Chinese expect to gain from such military-to-military
contacts.
``(E) The Secretary's assessment of the benefits the
Department of Defense expects to gain from such military-to-
military contacts, and any concerns regarding such contacts.
``(F) The Secretary's assessment of how such military-to-
military contacts fit into the larger security relationship
between the United States and the People's Republic of China.
``(G) The Secretary's certification whether or not any
military-to-military exchange or contact was conducted during
the period covered by the report in violation of section
1201(a).
``(13) Any influence operations or campaigns by the
People's Republic of China targeting military alliances and
partnerships of which the United States is a member,
including--
``(A) United States military alliances and partnerships
targeted or that may be targeted;
``(B) the objectives of such operations;
``(C) the tactics, techniques, and procedures used; and
``(D) the impact of such operations on military alliances
and partnerships of which the United States is a member.
``(14) Any other significant military or security
development involving the People's Republic of China the
Secretary considers relevant to United States national
security.
``(c) Form.--Each report required by subsection (a) shall
be submitted in unclassified form but may include a
classified annex.
``(d) Specified Congressional Committees Defined.--In this
section, the term `specified congressional committees'
means--
``(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
``(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.''.
SEC. 1244. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN
HOA DIOXIN CLEANUP.
Section 1253(b) of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) is amended by
striking ``fiscal year 2021'' and inserting ``fiscal year
2022''.
SEC. 1245. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR
VIETNAMESE PERSONNEL MISSING IN ACTION.
(a) In General.--The Secretary of Defense, in coordination
with the heads of other relevant Federal departments and
agencies, may carry out a cooperative program with the
Ministry of Defense of Vietnam and other entities of the
Government of Vietnam to assist in accounting for Vietnamese
personnel missing in action.
(b) Purpose.--The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival
information.
(2) Building the capacity of Vietnam to conduct archival
research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary of Defense
considers necessary and appropriate.
(c) Termination.--The authority provided by subsection (a)
shall terminate on October 1, 2026.
SEC. 1246. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) and the Six Assurances provided by the United
States to Taiwan in July 1982 are the foundation for United
States-Taiwan relations;
(2) as set forth in the Taiwan Relations Act, the United
States decision to establish diplomatic relations with the
People's Republic of China rests upon the expectation that
the future
[[Page H7056]]
of Taiwan will be determined by peaceful means, and that any
effort to determine the future of Taiwan by other than
peaceful means, including boycotts and embargoes, is of grave
concern to the United States;
(3) the increasingly coercive and aggressive behavior of
the People's Republic of China towards Taiwan is contrary to
the expectation of a peaceful resolution of the future of
Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity
of the United States to resist any resort to force or other
forms of coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan and the
policy of the United States to make available to Taiwan such
defense articles and defense services in such quantities as
may be necessary to enable Taiwan to maintain a sufficient
self-defense capability should be maintained; and
(5) the United States should continue to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain a sufficient self-defense
capability, including by--
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct
commercial sales, and industrial cooperation, with an
emphasis on capabilities that support the asymmetric defense
strategy of Taiwan;
(B) ensuring timely review of and response to requests by
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan, including, as appropriate, inviting Taiwan to
participate in the Rim of the Pacific exercise conducted in
2022, that enable Taiwan to maintain a sufficient self-
defense capability, as described in the Taiwan Relations Act;
(D) deepening interoperability with Taiwan in defensive
capabilities, including maritime and air domain awareness and
integrated air and missile defense systems;
(E) encouraging exchanges between defense officials and
officers of the United States and Taiwan at the strategic,
policy, and functional levels, consistent with the Taiwan
Travel Act (Public Law 115-135; 132 Stat. 341), especially
for the purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military forces
of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(F) identifying improvements in Taiwan's ability to use
asymmetric military capabilities to enhance its defensive
capabilities, as described in the Taiwan Relations Act; and
(G) expanding cooperation in humanitarian assistance and
disaster relief.
SEC. 1247. STATEMENT OF POLICY ON TAIWAN.
(a) Statement of Policy.--Consistent with the Taiwan
Relations Act (22 U.S.C. 3301 et. seq.), it shall be the
policy of the United States to maintain the capacity of the
United States to resist a fait accompli that would jeopardize
the security of the people on Taiwan.
(b) Definition.--In this section, the term ``fait
accompli'' refers to the resort to force by the People's
Republic of China to invade and seize control of Taiwan
before the United States can respond effectively.
SEC. 1248. ANNUAL REPORT ON TAIWAN ASYMMETRIC CAPABILITIES
AND INTELLIGENCE SUPPORT.
(a) In General.--The Secretary of Defense, in coordination
with the heads of other relevant Federal departments and
agencies, shall each year through fiscal year 2027,
consistent with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3302(c)), perform an annual assessment of matters
related to Taiwan, including intelligence matters, Taiwan's
asymmetric defensive capabilities, and how defensive
shortcomings or vulnerabilities of Taiwan could be mitigated
through cooperation, modernization, or integration. At a
minimum, the assessment shall include the following:
(1) An intelligence assessment regarding--
(A) conventional military threats to Taiwan from China,
including exercises intended to intimidate or coerce Taiwan;
and
(B) irregular warfare activities, including influence
operations, conducted by China to interfere in or undermine
the peace and stability of the Taiwan Strait.
(2) The current defensive asymmetric capabilities of Taiwan
and the ability of Taiwan to defend itself from external
conventional and irregular military threats.
(3) The interoperability of current and future defensive
asymmetric capabilities of Taiwan with the military
capabilities of the United States and its allies and
partners.
(4) The plans, tactics, techniques, and procedures
underpinning the defensive asymmetric capabilities of Taiwan.
(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to meet any shortcomings in the development of
Taiwan's defensive capabilities identified pursuant to this
section.
(6) The applicability of Department of Defense authorities
for improving the defensive asymmetric capabilities of Taiwan
in accordance with the Taiwan Relations Act.
(7) The feasibility and advisability of assisting Taiwan in
the domestic production of defensive asymmetric capabilities,
including through the transfer of intellectual property, co-
development, or co-production arrangements.
(8) An assessment of ways in which the United States could
enhance cooperation with on intelligence matters with Taiwan.
(9) A description of any non-Department of Defense efforts
by the United States Government to build the capacity of
Taiwan to disrupt external efforts that degrade its free and
democratic society.
(10) A description of any significant efforts by the
Defense Intelligence Enterprise and other elements of the
intelligence community to coordinate technical and material
support for Taiwan to identify, disrupt, and combat influence
operations referred to in this subsection.
(11) Any other matter the Secretary of Defense considers
appropriate.
(b) Plan.--The Secretary of Defense, in coordination with
the heads of other relevant Federal departments and agencies,
shall develop a plan for assisting Taiwan in improving its
defensive asymmetric capabilities and addressing
vulnerabilities identified pursuant to subsection (a) that
includes--
(1) recommendations for new Department of Defense
authorities, or modifications to existing Department
authorities, necessary to improve the defensive asymmetric
capabilities of Taiwan in accordance with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel
and military and civilian counterparts in Taiwan; and
(3) an identification of challenges and opportunities for
leveraging non-Department authorities, resources, and
capabilities to improve the defensive asymmetric capabilities
of Taiwan in accordance with the Taiwan Relations Act.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually through fiscal year 2027,
the Secretary of Defense shall submit to the appropriate
committees of Congress--
(1) a report on the results of the assessment required by
subsection (a); and
(2) the plan required by subsection (b).
(d) Form.--The report required by subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``defensive asymmetric capabilities'' means
the capabilities necessary to defend Taiwan against
conventional external threats, including coastal defense
missiles, naval mines, anti-aircraft capabilities, cyber
defenses, and special operations forces.
SEC. 1249. FEASIBILITY BRIEFING ON COOPERATION BETWEEN THE
NATIONAL GUARD AND TAIWAN.
(a) In General.--Not later than February 15, 2022, the
Secretary of Defense shall provide to the congressional
defense committees a briefing on the feasibility and
advisability of enhanced cooperation between the National
Guard and Taiwan.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) A description of the cooperation between the National
Guard and Taiwan during the preceding calendar year,
including mutual visits, exercises, training, and equipment
opportunities.
(2) An evaluation of the feasibility of enhancing
cooperation between the National Guard and Taiwan on a range
of activities, including--
(A) disaster and emergency response;
(B) cyber defense and communications security;
(C) military medical cooperation;
(D) Mandarin-language education and cultural exchange; and
(E) programs for National Guard advisors to assist in
training the reserve components of the military forces of
Taiwan.
(3) Recommendations to enhance such cooperation and improve
interoperability, including through familiarization visits,
cooperative training and exercises, and co-deployments.
(4) Any other matter the Secretary of Defense considers
appropriate.
SEC. 1250. FEASIBILITY REPORT ON ESTABLISHING MILITARY-TO-
MILITARY CRISIS COMMUNICATIONS CAPABILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the heads of other relevant Federal
departments and agencies, shall submit to the appropriate
committees of Congress a report on the feasibility and
advisability of establishing military-to-military
communications with a covered strategic competitor.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An articulation of--
(A) the importance of military-to-military communications
with a covered strategic competitor; and
(B) the utility of such communications to enable clear
transmission of messages from the government of the United
States, avoid misunderstandings, and reduce the possibility
of miscalculation.
(2) A description of the current process and capabilities
relating to communications with a covered strategic
competitor, including the means, levels of seniority, and
timelines for such communications.
(3) An identification of opportunities for improving
military-to-military crisis communications with a covered
strategic competitor, including the preferred means, levels
of seniority, and timelines for such communications.
(4) An identification of challenges to establishing more
military-to-military communications with a covered strategic
competitor.
(5) Any other matter the Secretary of Defense considers
appropriate.
(c) Definitions.--In this section:
[[Page H7057]]
(1) The term ``covered strategic competitor'' means a near-
peer country identified by the Secretary of Defense and
National Defense Strategy.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1251. COMPARATIVE ANALYSES AND REPORTS ON EFFORTS BY THE
UNITED STATES AND THE PEOPLE'S REPUBLIC OF
CHINA TO ADVANCE CRITICAL MODERNIZATION
TECHNOLOGY WITH RESPECT TO MILITARY
APPLICATIONS.
(a) Comparative Analyses.--
(1) Development of procedures.--
(A) In general.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in coordination with the Director
of the Office of Net Assessment, shall develop procedures by
which comparative analyses, including the assessments under
paragraph (2), shall be conducted.
(B) Elements.--The procedures developed under subparagraph
(A)--
(i) shall include processes--
(I) by which senior officials of the Department of Defense
may request that such comparative analyses be conducted with
respect to a specific technology, sector, or system of
interest;
(II) by which teams of technical, industrial, policy,
intelligence, and operational experts consisting of personnel
of the Department and private sector organizations may be
established for the purpose of conducting such comparative
analyses;
(III) to ensure adequate funding to support the conduct of
such comparative analyses; and
(IV) by which classified and unclassified information,
including necessary data, records, and technical information,
may be shared with Department personnel for the purpose of
carrying out such comparative analyses; and
(ii) may include the development of quantitative and
qualitative metrics for use in, and new intelligence
collection requirements to support, such comparative
analyses.
(2) Comparative analysis assessments.--
(A) In general.--The Under Secretary, in coordination with
the Director of the Office of Net Assessment, shall conduct a
comparative analysis assessment of the efforts of the United
States Government and the Government of the People's Republic
of China to develop and deploy critical modernization
technology with respect to military applications in each of
the following areas of critical modernization technology:
(i) Directed energy systems.
(ii) Hypersonics.
(iii) Emerging biotechnologies.
(iv) Quantum science.
(v) Cyberspace capabilities.
(B) Elements.--Each comparative analysis assessment under
subparagraph (A) shall include an evaluation of each of the
following:
(i) With respect to the applicable area of critical
modernization technology described in subparagraph (A),
research and development activities carried out in the United
States and the People's Republic of China by governmental
entities and nongovernmental entities.
(ii) The ability of research programs carried out by the
United States Government and the Government of the People's
Republic of China to achieve the goals of--
(I) transitioning emerging technologies into acquisition
efforts and operational use; and
(II) incorporating emerging technologies into military
applications.
(iii) Operational effectiveness and suitability of current
or planned defense systems of the United States and the
People's Republic of China, including relevant operational
concepts relating to the application and operationalization
of critical modernization technologies.
(iv) The ability of defense systems of the United States
and the People's Republic of China to counter relevant threat
capabilities.
(b) Reports.--
(1) Initial report.--Not later than March 15, 2022, the
Under Secretary shall submit a report and provide a briefing
to the congressional defense committees on efforts to develop
the procedures required by subsection (a)(1).
(2) Subsequent reports.--
(A) Directed energy systems and hypersonics.--Not later
than December 31, 2023, the Under Secretary shall submit to
the congressional defense committees a report on the results
of the comparative analysis assessments conducted under
clauses (i) and (ii) of subsection (a)(2)(A).
(B) Emerging biotechnologies, quantum science, and
cyberspace capabilities.--Not later than December 31, 2024,
the Under Secretary shall submit to the congressional defense
committees a report on the results of the comparative
analysis assessments conducted under clauses (iii), (iv), and
(v) of subsection (a)(2)(A).
(C) Elements.--The reports required by subparagraphs (A)
and (B) shall include the following for each such comparative
analysis assessment:
(i) The results of the evaluation of each element described
in subsection (a)(2)(B).
(ii) An analysis of significant research and development
programs and activities outside the United States or the
People's Republic of China designed to advance the applicable
area of critical modernization technology described in
subsection (a)(2)(A), and a discussion of such programs and
activities.
(iii) With respect to each such area of critical
modernization technology, an identification of any area in
which the degree of uncertainty due to an insufficient
knowledge base is such that an analysis of whether the United
States or the People's Republic of China has an advantage
would be inconclusive.
(iv) A description of the limitations, constraints, and
challenges encountered in carrying out the comparative
analysis assessment.
(v) A description of any other research and development
efforts or elements the Under Secretary considers appropriate
for purposes of the comparative analysis assessment.
(vi) Recommendations with respect to additional activities
by the Department necessary to address the findings of the
comparative analysis assessment.
(D) Form.--The reports required by subparagraphs (A) and
(B) shall be submitted in unclassified form but may contain a
classified annex.
(c) Agreement With a Federally Funded Research and
Development Corporation Authorized.--
(1) In general.--The Under Secretary may enter into an
agreement with a federally funded research and development
corporation under which such corporation may--
(A) carry out any part of a comparative analysis assessment
required by subsection (a); or
(B) prepare the reports required by subsection (b)(2).
(2) Notification.--If the Under Secretary enters into an
agreement under paragraph (1), the Under Secretary shall
submit to the congressional defense committees a report
that--
(A) identifies the federally funded research and
development corporation concerned; and
(B) describes the scope of work under the agreement.
SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND
PARTNERSHIPS IN THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense
should recommit to and strengthen United States defense
alliances and partnerships in the Indo-Pacific region so as
to further the comparative advantage of the United States in
strategic competition with the People's Republic of China,
including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, including by developing advanced
military capabilities, fostering interoperability across all
domains, and improving sharing of information and
intelligence;
(2) reinforcing the United States alliance with the
Republic of Korea and maintaining the presence of
approximately 28,500 members of the United States Armed
Forces deployed to the country, consistent with the Mutual
Defense Treaty Between the United States and the Republic of
Korea, in support of the shared objective of a peaceful and
stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Australia, New Zealand, United
States Security Treaty, to advance shared security objectives
and build the capabilities of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other
partners in the Association of Southeast Asian Nations to
enhance maritime domain awareness, promote sovereignty and
territorial integrity, and collaborate on vetting Chinese
investments in strategic technology sectors and critical
infrastructure;
(5) broadening the engagement of the United States with
India, including through the Quadrilateral Security
Dialogue--
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises, expanded
defense trade, and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime security and
the threat of global pandemics, including COVID-19;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan's
asymmetric defensive capabilities and promoting peaceful
cross- strait relations;
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the Armed Forces of the United States, including through
participation in combined exercises and training, including
the use of the Foreign Military Sales Training Center at
Ebbing Air National Guard Base in Fort Smith, Arkansas and a
fighter training detachment in Guam;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau
with the goal of strengthening regional security and
addressing issues of mutual concern, including protecting
fisheries from illegal, unreported and unregulated fishing;
and
(9) investing in enhanced military posture and capabilities
in the United States Indo-Pacific Command area of
responsibility and strengthening cooperation in bilateral
relationships, multilateral partnerships, and other
international fora to uphold global security and shared
principles, with the goal of ensuring the maintenance of a
free and open Indo-Pacific region.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
Sec. 1301. Sense of Congress on North Atlantic Treaty Organization
allies and partners.
Sec. 1302. Report on Armenia-Azerbaijan conflict.
[[Page H7058]]
Sec. 1303. Report on the state of United States military investment in
Europe, including the European Deterrence Initiative.
Subtitle B--United States-Greece Defense and Interparliamentary
Partnership Act of 2021
Sec. 1311. Sense of Congress.
Sec. 1312. Funding for the European Recapitalization Incentive Program.
Sec. 1313. Sense of Congress on loan program.
Sec. 1314. Sense of Congress on transfer of F-35 Joint Strike Fighter
aircraft to Greece.
Sec. 1315. IMET cooperation with Greece.
Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1
Interparliamentary Group.
Sec. 1317. Appropriate congressional committees.
Subtitle C--Security Cooperation and Assistance
Sec. 1321. Clarification of requirements for contributions by
participants in the American, British, Canadian, and
Australian Armies' Program.
Sec. 1322. Foreign Area Officer assessment and review.
Sec. 1323. Study on certain security cooperation programs.
Sec. 1324. Notification relating to overseas humanitarian, disaster,
and civic aid funds obligated in support of operation
allies welcome.
Subtitle D--Other Matters
Sec. 1331. Extension and modification of authority for certain payments
to redress injury and loss.
Sec. 1332. Secretary of Defense Strategic Competition Initiative.
Sec. 1333. Extension and modification of Department of Defense support
for stabilization activities in national security
interest of the United States.
Sec. 1334. Pilot program to support the implementation of the Women,
Peace, and Security act of 2017.
Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty
sensors.
Sec. 1336. Security assistance in Northern Triangle countries.
Sec. 1337. Report on human rights in Colombia.
Sec. 1338. Report on efforts by the People's Republic of China to
expand its presence and influence in Latin America and
the Caribbean.
Sec. 1339. Extension of prohibition on in-flight refueling to non-
United States aircraft that engage in hostilities in the
ongoing civil war in Yemen.
Sec. 1340. Statement of policy and report on Yemen.
Sec. 1341. Limitation on support to military forces of the Kingdom of
Morocco for multilateral exercises.
Subtitle A--Matters Relating to Europe and NATO
SEC. 1301. SENSE OF CONGRESS ON NORTH ATLANTIC TREATY
ORGANIZATION ALLIES AND PARTNERS.
It is the sense of Congress as follows:
(1) The North Atlantic Treaty Organization (NATO) remains
the strongest and most successful military alliance in the
world, founded on a commitment by its members to uphold the
principles of democracy, individual liberty, and the rule of
law, and its contributions to the collective defense are
indispensable to the security, prosperity, and freedom of its
members.
(2) The success of NATO is critical to achieving United
States national security objectives in Europe and around the
world, including deterring Russian aggression, upholding
territorial integrity and sovereignty in Europe, addressing
strategic competition and mitigating shared security
concerns, countering malign efforts to undermine the rules-
based international order and disrupt shared values, and
fostering international cooperation against collective
challenges.
(3) The United States reaffirms its ironclad commitment to
NATO as the foundation of transatlantic security and to
uphold its obligations under the North Atlantic Treaty,
including Article 5 of the Treaty, and remains steadfastly
committed to upholding and strengthening its defense
alliances and partnerships in the European theater.
(4) The commitment of NATO allies in response to the
invocation of Article 5 of the North Atlantic Treaty
following attacks on the United States homeland on September
11, 2001, and during years of counterterrorism, humanitarian,
and stabilization operations in Afghanistan has been
invaluable, and the sacrifices of NATO allies deserve the
highest order of respect and gratitude.
(5) The national security challenges posed by the Russian
Government against NATO allies and partners are of grave
concern to the United States and a top NATO defense priority.
Since the invasion of Ukraine in 2014, the Russian Government
has not improved its behavior and has, in many aspects,
become increasingly belligerent. Aggression against NATO
allies and United States partners is unacceptable, and
Russia's willingness to engage in far-reaching, risky actions
contrary to the international order poses major risks to
United States national security interests that must be met
with sustained engagement, investment in credible deterrence,
and vigilance.
(6) The United States should continue to deepen cooperation
on defense issues with non-NATO European partners,
bilaterally and as part of the NATO alliance, encourage
security sector cooperation between NATO and non-NATO defense
partners that complements and strengthens shared security
goals, interoperability, and allies' commitment to Article 3
of the North Atlantic Treaty, build on recent progress in
NATO allies achieving defense spending goals agreed to at the
2014 Wales Summit and reaffirmed at the 2016 Warsaw Summit
and the 2021 Brussels Summit, and build consensus to plan,
organize, and invest in the full range of defense
capabilities necessary to deter and defend against potential
adversaries.
(7) The United States should continue to enhance United
States and allied force posture in Europe in order to
establish and sustain a credible deterrent against Russian
aggression and long-term strategic competition by the Russian
Government, including continued robust support for the
European Deterrence Initiative and other investments, ongoing
use of rotational deployments and robust exercises in the
European theater, improved forward-stationing of forces to
enhance deterrence and reduce cost, additional planning and
efforts to mitigate contested logistics challenges,
implementation of key initiatives to enhance readiness,
military mobility, and national resilience, and effective
investments in multi-service, cyber, information, and air
defense efforts to counter modern military challenges.
(8) Following the end of the Resolute Support Mission in
Afghanistan, it is essential that the United States consider
ways to continue the benefits of combined interaction
alongside NATO allies and United States partners to continue
strengthening interoperability and cooperation.
(9) The Black Sea is a strategically significant region to
United States interests and to the security of United States
allies and partners, especially in light of Russia's actions
in the region and illegal occupation of territory. The United
States should continue security cooperation efforts,
exercises, and training with regional allies and partners,
regional posture enhancements, and support for those allies'
and partners' pursuit of their own defenses, as well as joint
efforts that enhance interoperability and information
sharing.
(10) Enhancing security and stability in the Western
Balkans is a goal that the United States shares with European
allies and partners. The United States should continue its
efforts to build interoperability and support institutional
reforms of the militaries of the Western Balkan nations,
including both NATO allies and partners. The United States
should also support those nations' efforts to resist
disinformation campaigns, predatory investments, efforts to
promote instability, and other means by which Russia and
China may seek to influence this region of Europe.
(11) Estonia, Latvia, and Lithuania are model allies and
play a critical role in strategic efforts to ensure continued
deterrence against aggression by Russia and maintain the
collective security of the NATO alliance. The security of the
Baltic region is crucial to the security of the NATO
alliance.
(12) The United States should continue to pursue efforts
consistent with the comprehensive, multilateral Baltic
Defense Assessment of the military requirements of Estonia,
Latvia, and Lithuania issued in December 2020. Robust support
to accomplish United States strategic objectives, including
by providing assistance to the Baltic countries through
security cooperation referred to as the Baltic Security
Initiative pursuant to sections 332 and 333 of title 10,
United States Code, should be prioritized in the years to
come. Specifically, the continuation of--
(A) efforts to enhance interoperability among Estonia,
Latvia, and Lithuania and in support of NATO efforts;
(B) infrastructure and other host-country support
improvements that will enhance United States and allied
military mobility across the region;
(C) efforts to improve resilience to hybrid threats and
cyber defenses in Estonia, Latvia, and Lithuania; and
(D) support for planning and budgeting efforts of Estonia,
Latvia, and Lithuania that are regionally synchronized.
SEC. 1302. REPORT ON ARMENIA-AZERBAIJAN CONFLICT.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall submit to the relevant
congressional committees a report on the 2020 conflict
between Armenia and Azerbaijan.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the use of United States weapon
systems or controlled technology that were employed in the
2020 conflict, including a list of the origins of such items,
if known.
(2) A description of the involvement of foreign actors in
the conflict, including a description of the military
activities, influence operations, foreign military sales, and
diplomatic engagement by foreign countries before, during,
and after the conflict, and efforts by parties to the
conflict or foreign actors to recruit or employ foreign
fighters or private military organizations during the
conflict. Such description may include a classified annex, if
necessary.
(3) Any violations of the November 9, 2020, agreement,
including the continued detention of prisoners of war or
captured civilians.
(4) Any other matter the Secretary considers appropriate.
(c) Relevant Congressional Committees.--In this section,
the term ``relevant congressional committees'' means the
Committee on Foreign Affairs and Committee on Armed Services
of the House of Representatives and the Committee on Foreign
Relations and Committee on Armed Services of the Senate.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the parties to the conflict must adhere to their
obligations under the November 9, 2020,
[[Page H7059]]
agreement and international law, including to immediately
release all prisoners of war and captured civilians;
(2) the parties to the conflict must refrain from the use
of force and threats to use force in pursuit of diplomatic
resolutions to any outstanding disputes; and
(3) the United States should engage with parties to the
conflict, including redoubling engagement with the Minsk
Group, to make clear the importance of adhering to these
obligations and advance diplomatic progress.
SEC. 1303. REPORT ON THE STATE OF UNITED STATES MILITARY
INVESTMENT IN EUROPE, INCLUDING THE EUROPEAN
DETERRENCE INITIATIVE.
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 assessing the
current state of United States defense investment in Europe,
with particular focus on United States military
infrastructure requirements, including the European
Deterrence Initiative. Such report shall include the
following elements:
(1) An assessment of the progress made by the Department of
Defense toward achieving the stated objectives of the
European Deterrence Initiative (EDI) over its lifetime, and
the extent to which EDI funding has aligned with such
objectives.
(2) An assessment of the current state of the United States
defense posture in Europe.
(3) An assessment of further investments required to
improve United States military mobility in the United States
European Command area of responsibility, including efforts
to--
(A) address contested logistics; and
(B) improve physical impediments and regulatory challenges
to movement by air, rail, road, or waterway across such area
of responsibility.
(4) An assessment of the current state of United States
prepositioned stocks in Europe, including a description of
both completed and underway projects, timelines for
completion of underway projects, and estimated sustainment
costs upon completion of such projects.
(5) An assessment of the current state of United States
munitions in Europe, including the adequacy to satisfy United
States needs in a European contingency, and a description of
any plans to adjust munitions stocks.
(6) An assessment of the current state of United States
antisubmarine warfare assets, organization, and resources in
the United States European Command and Second Fleet areas of
responsibility, including--
(A) the sufficiency of such assets, organization, and
resources to counter Russian submarine threats; and
(B) the sufficiency of United States sonobuoy stocks,
antisubmarine warfare platforms, and undersea sensing
equipment.
(7) An assessment of the current state of the United States
naval presence in the United States European Command area of
responsibility and the ability of such presence to respond to
future challenges in the Black Sea, Mediterranean Sea, and
Arctic region, including a description of any future plans
regarding increased naval force structure forward stationed
in Europe and associated timelines.
(8) An assessment of the current state of United States Air
Force operational planning and resourcing in the European
theater, including the current state of prepositioned Air
Force equipment, activities, and relevant infrastructure.
(9) An assessment of the current state of United States
defense information operations capabilities dedicated to the
United States European Command area of responsibility, and
any defense resources required or policies needed to
strengthen such capabilities.
(10) An assessment of all purchases, investments, and
expenditures made by any Armed Force under the jurisdiction
of the Secretary of a military department and identified as
part of the EDI, since its inception, that have been diverted
for purposes or uses other than the objectives of the EDI,
including a list of all purchases, investments, and
expenditures that were requested to support the EDI since its
inception that were not ultimately employed for the
objectives of the EDI and the respective dollar values of
such purchaes, investments, and expenditures.
(11) An assessment of the current state of EDI military
construction efforts in Europe.
(12) An assessment of United States European Command's
planned exercise schedule in coming years, the estimated
resourcing requirements to fulfill such schedule, and what
percentage of such resourcing is expected to come from EDI.
(13) Any other information the Secretary determines
relevant.
Subtitle B--United States-Greece Defense and Interparliamentary
Partnership Act of 2021
SEC. 1311. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Greece is a pillar of stability in the Eastern
Mediterranean region and the United States should remain
committed to supporting its security and prosperity;
(2) the 3+1 format of cooperation among Cyprus, Greece,
Israel, and the United States has been a successful forum to
cooperate on energy issues and should be expanded to include
other areas of common concern to the members;
(3) the United States should increase and deepen efforts to
partner with and support the modernization of the Greek
military;
(4) it is in the interests of the United States that Greece
continue to transition its military equipment away from
Russian-produced platforms and weapons systems through the
European Recapitalization Incentive Program;
(5) the naval partnerships with Greece at Souda Bay and
Alexandroupolis are mutually beneficial to the national
security of the United States and Greece;
(6) the United States should, as appropriate, support the
sale of F-35 Joint Strike Fighters to Greece;
(7) the United States Government should continue to invest
in International Military Education and Training programs in
Greece;
(8) the United States Government should support joint
maritime security cooperation exercises with Cyprus, Greece,
and Israel;
(9) in accordance with its legal authorities and project
selection criteria, the United States Development Finance
Corporation should consider supporting private investment in
strategic infrastructure projects in Greece, to include
shipyards and ports that contribute to the security of the
region and Greece's prosperity;
(10) the extension of the Mutual Defense Cooperation
Agreement with Greece for a period of five years includes
deepened partnerships at Greek military facilities throughout
the country and is a welcome development; and
(11) the United States Government should establish the
United States-Eastern Mediterranean Energy Center, as
authorized by section 204 of the Eastern Mediterranean Energy
and Security Partnership Act of 2019 (22 U.S.C. 2373 note).
SEC. 1312. FUNDING FOR THE EUROPEAN RECAPITALIZATION
INCENTIVE PROGRAM.
(a) In General.--To the maximum extent feasible, amounts
appropriated or otherwise made available for the European
Recapitalization Incentive Program should be considered for
Greece as appropriate to assist the country in meeting its
defense needs and transitioning away from Russian-produced
military equipment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that
provides a full accounting of all funds distributed under the
European Recapitalization Incentive Program, including--
(1) identification of each recipient country;
(2) a description of how the funds were used; and
(3) an accounting of remaining equipment in recipient
countries that was provided by the then-Soviet Union or
Russian Federation.
SEC. 1313. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that, as appropriate, the
United States Government should provide direct loans to
Greece for the procurement of defense articles, defense
services, and design and construction services pursuant to
the authority of section 23 of the Arms Export Control Act
(22 U.S.C. 2763) to support the further development of
Greece's military forces.
SEC. 1314. SENSE OF CONGRESS ON TRANSFER OF F-35 JOINT STRIKE
FIGHTER AIRCRAFT TO GREECE.
It is the sense of Congress that the President has the
authority to expedite delivery of any future F-35 aircraft to
Greece once Greece is prepared to move forward with such a
purchase on such terms and conditions as the President may
require, pursuant to the certification requirements under
section 36 of the Arms Export Control Act (22 U.S.C. 2776).
SEC. 1315. IMET COOPERATION WITH GREECE.
For each of fiscal years 2022 through 2026, there is
authorized to be appropriated $1,800,000 for International
Military Education and Training assistance for Greece, which
may be made available for the following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Greece's military to build partnerships for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education, civilian
control of the military, and protection of human rights.
SEC. 1316. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1
INTERPARLIAMENTARY GROUP.
(a) Establishment.--There is established a group, to be
known as the ``Cyprus, Greece, Israel, and the United States
3+1 Interparliamentary Group'', to serve as a legislative
component to the 3+1 process launched in Jerusalem in March
2019.
(b) Membership.--The Cyprus, Greece, Israel, and the United
States 3+1 Interparliamentary Group shall include a group of
not more than 6 United States Senators, to be known as the
``United States group'', who shall be appointed in equal
numbers by the majority leader and the minority leader of the
Senate. The majority leader and the minority leader of the
Senate shall also serve as ex officio members of the United
States group.
(c) Meetings.--Not less frequently than once each year, the
United States group shall meet with members of the 3+1 group
to discuss issues on the agenda of the 3+1 deliberations of
the Governments of Greece, Israel, Cyprus, and the United
States to include maritime security, defense cooperation,
energy initiatives, and countering malign influence efforts
by the People's Republic of China and the Russian Federation.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$100,000 for each fiscal year to assist in meeting the
expenses of the United States group.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization under this subsection are authorized to
remain available until expended.
(e) Termination.--The Cyprus, Greece, Israel, and the
United States 3+1 Interparliamentary Group shall terminate 4
years after the date of the enactment of this Act.
SEC. 1317. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional
committees'' means--
[[Page H7060]]
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
Subtitle C--Security Cooperation and Assistance
SEC. 1321. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS BY
PARTICIPANTS IN THE AMERICAN, BRITISH,
CANADIAN, AND AUSTRALIAN ARMIES' PROGRAM.
Section 1274 of the National Defense Authorization Act for
Fiscal Year 2013 (10 U.S.C. 2350a note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Contributions by Participants.--
``(1) In general.--An agreement under subsection (a) shall
provide that--
``(A) the United States, as the host country for the
Program, shall provide office facilities and related office
equipment and supplies for the Program; and
``(B) each participating country shall contribute its
equitable share of the remaining costs for the Program,
including--
``(i) the agreed upon share of administrative costs related
to the Program, except the costs for facilities and equipment
and supplies described in subparagraph (A); and
``(ii) any amount allocated against the country for
monetary claims as a result of participation in the Program,
in accordance with the agreement.
``(2) Equitable contributions.--The contributions, as
allocated under paragraph (1) and set forth in an agreement
under subsection (a), shall be considered equitable for
purposes of this subsection and section 27(c) of the Arms
Export Control Act (22 U.S.C. 2767(c)).
``(3) Authorized contribution.--An agreement under
subsection (a) shall provide that each participating country
may provide its contribution in funds, in personal property,
in services required for the Program, or any combination
thereof.
``(4) Funding for united states contribution.--Any monetary
contribution by the United States to the Program that is
provided in funds shall be made from funds available to the
Department of Defense for operation and maintenance.
``(5) Contributions and reimbursements from other
participating countries.--
``(A) In general.--The Secretary of Defense may accept from
any other participating country a contribution or
reimbursement of funds, personal property, or services made
by the participating country in furtherance of the Program.
``(B) Credit to appropriations.--Any contribution or
reimbursement of funds received by the United States from any
other participating country to meet that country's share of
the costs of the Program shall be credited to the
appropriations available to the appropriate military
department, as determined by the Secretary of Defense.
``(C) Treatment of personal property.--Any contribution or
reimbursement of personal property received under this
paragraph may be--
``(i) retained and used by the Program in the form in which
it was contributed;
``(ii) sold or otherwise disposed of in accordance with
such terms, conditions, and procedures as the members of the
Program consider appropriate, and any resulting proceeds
shall be credited to appropriations of the appropriate
military department, as described in subparagraph (B); or
``(iii) converted into a form usable by the Program.
``(D) Use of credited funds.--
``(i) In general.--Amounts credited under subparagraph (B)
or (C)(ii) shall be--
``(I) merged with amounts in the appropriation concerned;
``(II) subject to the same conditions and limitations as
amounts in such appropriation; and
``(III) available for payment of Program expenses described
in clause (ii).
``(ii) Program expenses described.--The Program expenses
described in this clause include--
``(I) payments to contractors and other suppliers,
including the Department of Defense and participating
countries acting as suppliers, for necessary goods and
services of the Program;
``(II) payments for any damages or costs resulting from the
performance or cancellation of any contract or other
obligation in support of the Program;
``(III) payments or reimbursements for other Program
expenses; or
``(IV) refunds to other participating countries.''; and
(2) by striking subsection (g).
SEC. 1322. FOREIGN AREA OFFICER ASSESSMENT AND REVIEW.
(a) Findings.--Congress finds the following:
(1) Foreign Area Officers of the Army and their equivalent
positions in the other Armed Forces (in this section referred
to as ``FAOs'') are trained to manage, grow, and enhance
security cooperation relationships between the United States
and foreign partners and to build the overall military
capacity and capabilities of foreign partners.
(2) At present, some senior defense official positions in
United States embassies are filled by officers lacking the
necessary skills, training, and experience to strengthen the
relationships between the United States and its critical
partners and allies.
(3) FAOs are trained to fill those positions, and
deficiencies in the equitable use, assessment, promotion,
diversity and inclusion of such officers, as well as
limitations on career opportunities, undermine the ability of
the Department of Defense to strengthen partnerships and
alliances of the United States.
(4) A federally funded research and development center can
provide a roadmap to correcting these deficiencies,
strengthening the FAO branch, and placing qualified FAOs in
positions of positive influence over United States
partnerships and alliances.
(b) Assessment and Review Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
enter into an agreement with a federally funded research and
development center to conduct an independent assessment and
comprehensive review of the process by which Foreign Area
Officers and their equivalent positions in the other Armed
Forces (in this section referred to as ``FAOs'') are
recruited, selected, trained, assigned, organized, promoted,
retained, and used in security cooperation offices, senior
defense roles in U.S. embassies, and in other critical roles
of engagement with allies and partners.
(2) Elements.--The assessment and review conducted under
paragraph (1) shall include the following:
(A) Identification and assessment of the number and
location of senior defense official billets, including their
grade structure and availability to FAOs.
(B) A review of the cultural, racial, and ethnic diversity
of FAOs.
(C) An assessment of the assignment process for FAOs.
(D) A review and assessment of the promotion criteria,
process, and possible pathways for career advancement for
FAOs.
(E) A review of the organization and categorization of FAOs
by geographic region.
(F) An assessment of the training program for FAOs and its
effectiveness.
(G) An assessment of the available career paths for FAOs.
(H) An assessment of the criteria used to determine
staffing requirements for senior defense official positions
and security cooperation roles for uniformed officers.
(I) A review of the staffing of senior defense official and
security cooperation roles and assessment to determine
whether requirements are being met through the staffing
process.
(J) An assessment of how the broader utilization of FAOs in
key security cooperation and embassy defense leadership
billets would improve the quality and professionalism of the
security cooperation workforce under section 384 of title 10,
United States Code.
(K) A review of how many FAO opportunities are joint-
qualifying and an assessment of whether increasing the number
of joint-qualified opportunities for FAOs would increase
recruitment, retention, and promotion.
(L) Any other matters the Secretary determines relevant.
(c) Results.--The federally funded research and development
center conducting the assessment and review described in
subsection (b) shall submit to the Secretary the results of
such assessment and review, which shall include the
following:
(1) A summary of the research and activities undertaken to
carry out the assessment required by subsection (b).
(2) Considerations and recommendations, including
legislative recommendations, to achieve the following:
(A) Improving the assessment, promotion, assignment
selection, retention, and diversity of FAOs.
(B) Assigning additional FAOs to positions as senior
defense officials.
(d) Submission to Congress.--
(1) In general.--Not later than December 31, 2022, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives--
(A) an unaltered copy of the results submitted pursuant to
subsection (c); and
(B) the written responses of the Secretary and the Chairman
of the Joint Chiefs of Staff to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1323. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
enter into a contract with a federally funded research and
development center with the appropriate expertise and
analytical capability to carry out the study described in
subsection (b).
(b) Study.--The study described in this subsection shall--
(1) provide for a comprehensive assessment of strategic and
operational lessons collected from the war in Afghanistan
that can be applied to existing and future security
cooperation programs;
(2) identify metrics used in the war in Afghanistan to
measure progress in partner capacity building and defense
institution building and whether such metrics are sufficient
for measuring progress in future security cooperation
programs;
(3) assess challenges related to strategic planning for
capacity building, baseline assessments of partner capacity,
and issues related to project sustainment, and
recommendations for how to manage such challenges;
(4) assess Department of Defense coordination with
coalition partners engaged in partner capacity building and
defense institution building efforts, and recommendations for
how to improve such coordination;
(5) identify risks posed by rapid expansion or reductions
in security cooperation, and recommendations for how to
manage such risks;
(6) identify risks posed by corruption in security
cooperation programs and recommendations for how to manage
such risks;
(7) assess best practices and training improvements for
managing cultural barriers in partner
[[Page H7061]]
countries, and recommendations for how to promote cultural
competency;
(8) assess the effectiveness of the Department of Defense
in promoting the rights of women, including incorporating a
gender perspective in security cooperation programs, in
accordance with the Women, Peace and Security Strategic
Framework and Implementation Plan issued by the Department of
Defense in June 2020 and the Women, Peace, and Security Act
of 2017 (Public Law 115-68);
(9) identify best practices to promote partner country
ownership of long-term objectives of the United States
including with respect to human rights, democratic
governance, and the rule of law;
(10) assess challenges related to contractors of the
Department of Defense, including cost, limited functions, and
oversight; and
(11) assess best practices for sharing lessons on security
cooperation with allies and partners.
(c) Report.--
(1) To secretary of defense.--Not later than two years
after the date on which a federally funded research and
development center enters into a contract described in
subsection (a), such center shall submit to the Secretary of
Defense a report containing the results of the study required
under this section.
(2) To congress.-- Not later than 30 days after the receipt
of the report under paragraph (1), the Secretary of Defense
shall submit to Congress such report, which shall be made
public, together with any additional views or recommendations
of the Secretary, which may be transmitted in a classified
annex.
SEC. 1324. NOTIFICATION RELATING TO OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID FUNDS OBLIGATED IN
SUPPORT OF OPERATION ALLIES WELCOME.
Not later than 30 days after the date of the enactment of
this Act and every 120 days thereafter until all applicable
funds have been obligated in support of Operation Allies
Welcome or any successor operation, the Secretary of Defense
shall submit to the congressional defense committees a
notification that includes--
(1) the costs associated with the provision of
transportation, housing, medical services, and other
sustainment expenses for Afghan special immigrant visa
applicants and other Afghans at risk; and
(2) whether such funds were obligated under a reimbursable
or nonreimbursable basis.
Subtitle D--Other Matters
SEC. 1331. EXTENSION AND MODIFICATION OF AUTHORITY FOR
CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.
(a) Extension.--Subsection (a) of section 1213 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2731 note) is amended by
striking ``December 31, 2022'' and inserting ``December 31,
2023''.
(b) Modification to Conditions on Payment.--Subsection (b)
of such section is amended--
(1) in paragraph (1) to read as follows:
``(1) the prospective foreign civilian recipient is not
otherwise ineligible for payment under any other provision of
law;'';
(2) in paragraph (2), by striking ``a claim'' and inserting
``a request'';
(3) in paragraph (4), by striking ``the claimant'' and
inserting ``the prospective foreign civilian recipient''; and
(4) in paragraph (5), by striking ``the claimant'' and
inserting ``the prospective foreign civilian recipient''.
(c) Modifications to Quarterly Report Requirement.--
Subsection (g) of such section is amended--
(1) in paragraph (1)(B), by striking ``claims'' and
inserting ``requests''; and
(2) by adding at the end the following:
``(3) The status of Department of Defense efforts to
establish the requests procedures required under subsection
(d)(1) and to otherwise implement this section.''.
(d) Modification to Procedure to Submit Requests.--Such
section is further amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Procedures to Review Allegations.--
``(1) Procedures required.--Not later than 180 days after
the date of enactment of this subsection, the Secretary of
Defense shall establish procedures to receive, evaluate, and
respond to allegations of civilian harm resulting from
military operations involving the United States Armed Forces,
a coalition that includes the United States, or a military
organization supporting the United States. Such responses may
include--
``(A) a formal acknowledgement of such harm;
``(B) a nonmonetary expression of condolence; or
``(C) an ex gratia payment.
``(2) Consultation.--In establishing the procedures under
paragraph (1), the Secretary of Defense shall consult with
the Secretary of State and with nongovernmental organizations
that focus on addressing civilian harm in conflict.
``(3) Policy updates.--Not later than one year after the
date of the enactment of this subsection, the Secretary of
Defense shall ensure that procedures established under
paragraph (1) are formalized through updates to the policy
referred to in section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 134 note).''.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to require
the Secretary of Defense to pause, suspend, or otherwise
alter the provision of ex gratia payments in accordance with
section 1213 of the National Defense Authorization Act for
Fiscal Year 2020, as amended, in the course of developing the
procedures required by subsection (d) of such section (as
added by subsection (d) of this section).
SEC. 1332. SECRETARY OF DEFENSE STRATEGIC COMPETITION
INITIATIVE.
(a) In General.--The Secretary of Defense, with the
concurrence of the Secretary of State, may provide funds for
one or more Department of Defense activities or programs
described in subsection (b) that advance United States
national security objectives for strategic competition by
supporting Department of Defense efforts to compete below the
threshold of armed conflict and by supporting other Federal
departments and agencies in advancing United States strategic
interests.
(b) Authorized Activities and Programs.--Activities and
programs for which funds may be provided under subsection (a)
are the following:
(1) The provision of funds to pay for personnel expenses of
foreign defense or security personnel for bilateral or
regional security cooperation programs and joint exercises,
in accordance with section 321 of title 10, United States
Code.
(2) Activities to build the institutional capacity of
foreign national security forces, including efforts to
counter corruption, in accordance with section 332 of title
10, United States Code.
(3) Activities to build the capabilities of the United
States joint force and the security forces of United States
allies and partners relating to irregular warfare.
(4) Activities to expose and disprove foreign malign
influence and disinformation, and to expose and deter
coercion and subversion.
(c) Funding.--Amounts made available for activities carried
out pursuant to subsection (a) in a fiscal year may be
derived only from amounts authorized to be appropriated for
such fiscal year for the Department of Defense for operation
and maintenance, Defense-wide.
(d) Relationship to Other Funding.--Any amount provided by
the Secretary of Defense during any fiscal year pursuant to
subsection (a) for an activity or program described in
subsection (b) shall be in addition to amounts otherwise
available for that activity or program for that fiscal year.
(e) Use of Funds.--
(1) Limitations.--Of funds made available under this
section for any fiscal year--
(A) not more than $20,000,000 in each fiscal year is
authorized to be obligated and expended under this section;
and
(B) not more than $3,000,000 may be used to pay for
personnel expenses under subsection (b)(1).
(2) Prohibition.--Funds may not be provided under this
section for any activity that has been denied authorization
by Congress.
(f) Annual Report.--Not less frequently than annually, the
Secretary of Defense shall submit to the congressional
defense committees and the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives a report on the use of the authority under
subsection (a).
(g) Plan for Strategic Competition Initiative for U.S.
Southern Command and U.S. Africa Command.--
(1) In general.--The Secretary of Defense shall develop and
submit to the congressional defense committees a plan for an
initiative to support programs and activities for strategic
competition in the areas of responsibility of United States
Southern Command and United States Africa Command.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees the plan developed
under paragraph (1).
(h) Termination.--The authority under subsection (a) shall
terminate on September 30, 2024.
SEC. 1333. EXTENSION AND MODIFICATION OF DEPARTMENT OF
DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES IN
NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
Section 1210A of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is
amended--
(1) in subsection (a), by striking ``for the stabilization
activities of other Federal agencies specified in subsection
(c)(1)'' and inserting ``to other Federal agencies specified
in subsection (c)(1) for the stabilization activities of such
agencies'';
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) In general.--Amounts authorized to be provided
pursuant to this section shall be available only for support
for stabilization activities--
``(A)(i) in a country specified in paragraph (2); and
``(ii) that the Secretary of Defense, with the concurrence
of the Secretary of State, has determined are in the national
security interest of the United States; or
``(B) in a country that--
``(i)(I) has been selected as a priority country under
section 505 of the Global Fragility Act of 2019 (22 U.S.C.
9804); or
``(II) is located in a region that has been selected as a
priority region under section 505 of such Act; and
``(ii) has Department of Defense resource or personnel
presence to support such activities.'';
(3) in the first sentence of subsection (c)(1), by striking
``Support may be provided for stabilization activities under
subsection (a)'' and inserting ``Support under subsection (a)
may be provided'';
(4) in subsection (g)(1), by striking ``, Defense-wide'';
and
(5) in subsection (h), by striking ``December 31, 2021''
and inserting ``December 31, 2023''.
[[Page H7062]]
SEC. 1334. PILOT PROGRAM TO SUPPORT THE IMPLEMENTATION OF THE
WOMEN, PEACE, AND SECURITY ACT OF 2017.
Section 1210E of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by--
(1) redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsections (f) and (g):
``(f) Pilot Program.--
``(1) Establishment.--The Secretary of Defense, in
consultation with the Secretary of State, shall establish and
carry out a pilot program for the purpose of conducting
partner country assessments described in subsection (b)(2).
``(2) Contract authority.--The Secretary of Defense, in
consultation with the Secretary of State, shall seek to enter
into one or more contracts with a nonprofit organization or a
federally funded research and development center independent
of the Department for the purpose of conducting such partner
country assessments.
``(3) Selection of countries.--
``(A) In general.--The Secretary of Defense, in
consultation with the commanders of the combatant commands
and relevant United States ambassadors, shall select one
partner country within the area of responsibility of each
geographic combatant command for participation in the pilot
program.
``(B) Considerations.--In making the selection under
subparagraph (A), the Secretary of Defense shall consider--
``(i) the demonstrated political commitment of the partner
country to increasing the participation of women in the
security sector; and
``(ii) the national security priorities and theater
campaign strategies of the United States.
``(4) Partner country assessments.--Partner country
assessments conducted under the pilot program shall be--
``(A) adapted to the local context of the partner country
being assessed;
``(B) conducted in collaboration with the security sector
of the partner country being assessed; and
``(C) based on tested methodologies.
``(5) Review and assessment.--With respect to each partner
country assessment conducted under the pilot program, the
Secretary of Defense, in consultation with the Secretary of
State, shall--
``(A) review the methods of research and analysis used by
any entity contracted with under paragraph (2) in conducting
the assessment and identify lessons learned from such review;
and
``(B) assess the ability of the Department to conduct
future partner country assessments without entering into such
a contract, including by assessing potential costs and
benefits for the Department that may arise in conducting such
future assessments.
``(6) Findings.--
``(A) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall use findings
from each partner country assessment to inform effective
security cooperation activities and security sector
assistance interventions by the United States in the partner
country assessed, which shall be designed to substantially
increase opportunities for the recruitment, employment,
development, retention, deployment, and promotion of women in
the national security forces of such partner country
(including for deployments to peace operations and for
participation in counterterrorism operations and activities).
``(B) Model methodology.--The Secretary of Defense, in
consultation with the Secretary of State, shall develop,
based on the findings of the pilot program, a model barrier
assessment methodology for use across the geographic
combatant commands.
``(7) Reports.--
``(A) In general.--Not later than 2 years after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the appropriate
committees of Congress an initial report on the
implementation of the pilot program under this subsection
that includes an identification of the partner countries
selected for participation in the program and the
justifications for such selections.
``(B) Methodology.--On the date on which the Secretary of
Defense determines the pilot program to be complete, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate committees of Congress
a report on the model barrier assessment methodology
developed under paragraph (6)(B).
``(g) Briefing.--Not later than 1 year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Director of the Defense Security
Cooperation Agency shall provide to the appropriate
committees of Congress a briefing on the efforts to build
partner defense institution and security force capacity
pursuant to this section.''.
SEC. 1335. ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN
TREATY SENSORS.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and not later than September 1 of
each subsequent year, the Secretary of State shall submit to
the appropriate congressional committees a report on the
sensors used in the international monitoring system of the
Comprehensive Nuclear-Test-Ban Treaty Organization. Each such
report shall include, with respect to the period covered by
the report--
(1) the number of incidents where such sensors are
disabled, turned off, or experience ``technical
difficulties''; and
(2) with respect to each such incident--
(A) the location of the sensor;
(B) the duration of the incident; and
(C) whether the Secretary determines there is reason to
believe that the incident was a deliberate act on the part of
the host nation.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1336. SECURITY ASSISTANCE IN NORTHERN TRIANGLE
COUNTRIES.
(a) Certification Relating to Assistance for Guatemala.--
Prior to the transfer of any vehicles by the Department of
Defense to a joint task force of the Ministry of Defense or
Ministry of the Interior of Guatemala during fiscal year
2022, the Secretary of Defense shall certify to the
congressional defense committees that such ministries have
made a credible commitment to use such equipment only for the
uses for which they were intended.
(b) Report on Security Cooperation With Northern Triangle
Countries.--
(1) In general.--Not later than June 30, 2022, the
Secretary of Defense shall submit to the congressional
defense committees a report that includes the following:
(A) A description of any ongoing or planned security
cooperation activities between the United States and the
Northern Triangle countries focused on protection of human
rights and adherence to the rule of law.
(B) A description of efforts to investigate credible
information on gross violations of human rights by the
military or national security forces of the governments of
Northern Triangle countries since January 1, 2017, consistent
with applicable law, including the possible use in committing
such violations of defense articles provided by the United
States.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(c) GAO Report.--
(1) Not later than June 30, 2022, the Comptroller General
shall submit to the congressional defense committees a report
containing an evaluation of the Department of Defense's end-
use monitoring procedures for tracking credible information
regarding the misuse by Northern Triangle countries of
equipment provided by the Department of Defense, including--
(A) the Department's review of any credible information
related to the misuse of Department of Defense-provided
vehicles to Northern Triangle countries since 2018; and
(B) a description of any remediation activities undertaken
by the Department of Defense and Northern Triangle countries
in response to any such misuse.
(d) Strategic Evaluation of Security Cooperation With
Northern Triangle Countries.--
(1) In general.--Not later than March 31, 2022, the
Secretary of Defense shall enter into an agreement with an
appropriate federally funded research and development center
to complete an evaluation, not later than June 30, 2024, of
Department of Defense security cooperation programs in United
States Southern Command area of responsibility that
includes--
(A) how such programs in general and in Northern Triangle
countries in particular advance U.S. Southern Command's
Theater Campaign Plan;
(B) how such programs in general and in Northern Triangle
countries in particular promote the rule of law and human
rights in the United States Southern Command area of
responsibility;
(C) how such programs in general and in Northern Triangle
countries in particular advance the objectives of the
National Defense Strategy; and
(D) any other matters the Secretary deems appropriate.
(2) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report that includes the
evaluation completed by the federally funded research and
development center selected pursuant to paragraph (1) within
30 days of receiving such evaluation.
(3) Form.--The report required by subsection (2) shall be
submitted in unclassified form and posted on the Department
of Defense's public website, but may contain a classified
annex.
(e) Northern Triangle Countries Defined.--In this section,
the term ``Northern Triangle countries'' means El Salvador,
Guatemala, and Honduras.
SEC. 1337. REPORT ON HUMAN RIGHTS IN COLOMBIA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report that includes
the following:
(1) A detailed summary of the security cooperation
relationship between the United States and Colombia,
including a description of United States objectives, any
ongoing or planned security cooperation activities with the
military or other security forces of Colombia, an assessment
of the capabilities of the military or other security forces
of Colombia, and a description of the capabilities of the
military or other security forces of Colombia that the
Department of Defense has identified as a priority for
further capability building efforts.
(2) A description of any ongoing or planned cooperative
activities between the United States and Colombia focused on
human rights and adherence to the rule of law, and a
description of the manner and extent to which the security
cooperation strategy between the United States and Colombia
seeks to build the institutional capacity of the Colombian
military or other Colombian security forces to respect human
rights and encourage accountability.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means--
[[Page H7063]]
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1338. REPORT ON EFFORTS BY THE PEOPLE'S REPUBLIC OF
CHINA TO EXPAND ITS PRESENCE AND INFLUENCE IN
LATIN AMERICA AND THE CARIBBEAN.
(a) Report.--Not later than June 30, 2022, the Secretary of
State, in coordination with the Secretary of Defense and in
consultation with the heads of other appropriate Federal
departments and agencies, as necessary, shall submit to the
appropriate congressional committees a report that identifies
efforts by the Government of the People's Republic of China
to expand its presence and influence in Latin America and the
Caribbean through diplomatic, military, economic, and other
means, and describes the implications of such efforts on the
national defense and security interests of the United States.
(b) Elements.--The report required by subsection (a) shall
also include the following:
(1) An identification of--
(A) the countries of Latin America and the Caribbean with
which the Government of the People's Republic of China
maintains especially close diplomatic, military, and economic
relationships;
(B) the number and contents of strategic partnership
agreements or similar agreements, including any non-public,
secret, or informal agreements, that the Government of the
People's Republic of China has established with countries and
regional organizations of Latin America and the Caribbean;
(C) the countries of Latin America and the Caribbean that
have joined the Belt and Road Initiative or the Asian
Infrastructure Investment Bank;
(D) the countries of Latin America and the Caribbean to
which the Government of the People's Republic of China
provides foreign assistance or disaster relief (including
access to COVID-19 vaccines), including a description of the
amount and purpose of, and any conditions attached to, such
assistance;
(E) countries and regional organizations of Latin America
and the Caribbean in which the Government of the People's
Republic of China, including its state-owned or state-
directed enterprises and banks, have undertaken significant
investments, or infrastructure projects, and correspondent
banking and lending activities, at the regional, national, or
subnational levels;
(F) recent visits by senior officials of the Government of
the People's Republic of China, including its state-owned or
state-directed enterprises, to Latin America and the
Caribbean, and visits by senior officials from Latin America
and the Caribbean to the People's Republic of China;
(G) the existence of any defense exchanges, military or
police education or training, and exercises between any
military or police organization of the Government of the
People's Republic of China and military, police, or security-
oriented organizations of countries of Latin America and the
Caribbean;
(H) countries and regional organizations of Latin America
and the Caribbean that maintain diplomatic relations with
Taiwan; and
(I) any steps that the Government of the People's Republic
of China has taken to encourage countries and regional
organizations of Latin America and the Caribbean to switch
diplomatic relations to the People's Republic of China
instead of Taiwan.
(2) A detailed description of--
(A) the relationship between the Government of the People's
Republic of China and the Government of Venezuela and the
Government of Cuba;
(B) military installations, assets, and activities of the
Government of the People's Republic of China in Latin America
and the Caribbean that currently exist or are planned for the
future;
(C) sales or transfers of defense articles and services by
the Government of the People's Republic of China to countries
of Latin America and the Caribbean;
(D) a comparison of sales and transfers of defense articles
and services to countries of Latin America and the Caribbean
by the Government of the People's Republic of China, the
Russian Federation, and the United States;
(E) any other form of military, paramilitary, or security
cooperation between the Government of the People's Republic
of China and the governments of countries of Latin America
and the Caribbean;
(F) the nature, extent, and purpose of the Government of
the People's Republic of China's intelligence activities in
Latin America and the Caribbean;
(G) the role of the Government of the People's Republic of
China in transnational crime in Latin America and the
Caribbean, including trafficking and money laundering, as
well as any links to the People's Liberation Army;
(H) efforts by the Government of the People's Republic of
China to expand the reach and influence of its financial
system within Latin America and the Caribbean, through
banking activities and payments systems and through goods and
services related to the use of the digital yuan; and
(I) efforts by the Government of the People's Republic of
China to build its media presence in Latin America and the
Caribbean, and any government-directed disinformation or
information warfare campaigns in the region, including for
military purposes or with ties to the People's Liberation
Army.
(3) An assessment of--
(A) the specific objectives that the Government of the
People's Republic of China seeks to achieve by expanding its
presence and influence in Latin America and the Caribbean,
including any objectives articulated in official documents or
statements;
(B) whether certain investments by the Government of the
People's Republic of China, including in port projects, canal
projects, and telecommunications projects in Latin America
and the Caribbean, could have military uses or dual use
capability or could enable the Government of the People's
Republic of China to monitor or intercept United States or
host nation communications;
(C) the degree to which the Government of the People's
Republic of China uses its presence and influence in Latin
America and the Caribbean to encourage, pressure, or coerce
governments in the region to support its defense and national
security goals, including policy positions taken by the
Government of the People's Republic of China at international
institutions;
(D) documented instances of governments of countries of
Latin America and the Caribbean silencing, or attempting to
silence, local critics of the Government of the People's
Republic of China, including journalists, academics, and
civil society representatives, in order to placate the
Government of the People's Republic of China;
(E) the rationale for the Government of the People's
Republic of China becoming an observer at the Organization of
American States;
(F) the relationship between the Government of the People's
Republic of China and the Community of Latin American and
Caribbean States (CELAC), a regional organization that
excludes the United States, and the role of the China-CELAC
Forum in coordinating such relationship; and
(G) the specific actions and activities undertaken by the
Government of the People's Republic of China in Latin America
and the Caribbean that present the greatest threat or
challenge to the United States' defense and national security
interests in the region.
(4) Any other matters the Secretary of State determines is
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may include a
classified annex.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) The terms ``Latin America and the Caribbean'' and
``countries of Latin America and the Caribbean'' mean the
countries and non-United States territories of South America,
Central America, the Caribbean, and Mexico.
SEC. 1339. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO
NON-UNITED STATES AIRCRAFT THAT ENGAGE IN
HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN.
Section 1273(a) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1699) is
amended by striking ``two-year period'' and inserting ``four-
year period''.
SEC. 1340. STATEMENT OF POLICY AND REPORT ON YEMEN.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to continue to support and further efforts to bring an
end to the conflict in Yemen;
(2) to support efforts so that United States defense
articles and services are not used for military operations
resulting in civilian casualties; and
(3) to work with allies and partners to address the ongoing
humanitarian needs of Yemeni civilians.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate congressional committees a report on whether
the Government of Saudi Arabia has undertaken offensive
airstrikes inside Yemen in the preceding year resulting in
civilian casualties.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) A full description of any such airstrikes, including a
detailed accounting of civilian casualties incorporating
information from non-governmental sources.
(B) An identification of Government of Saudi Arabia air
units responsible for any such airstrikes.
(C) A description of aircraft and munitions used in any
such airstrikes.
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1341. LIMITATION ON SUPPORT TO MILITARY FORCES OF THE
KINGDOM OF MOROCCO FOR MULTILATERAL EXERCISES.
(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available to the
Department of Defense for fiscal year 2022 may be used by the
Secretary of Defense to support the participation of the
military forces of the Kingdom of Morocco in any multilateral
exercise administered by the Department of Defense unless the
Secretary determines, in consultation with the Secretary of
[[Page H7064]]
State, that the Kingdom of Morocco is committed to seeking a
mutually acceptable political solution in Western Sahara.
(b) Waiver.--The Secretary may waive application of the
limitation under subsection (a) if the Secretary submits to
the congressional defense committees a written determination
and justification that the waiver is important to the
national security interests of the United States.
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. Authorization to loan materials in National Defense
Stockpile.
Sec. 1413. 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. 1414. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2022 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2022 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2022 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section
4501.
Subtitle B--Other Matters
SEC. 1411. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS
FROM THE NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
The Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98 et seq.) is amended--
(1) in section 6(b)(2), by inserting ``to consult with
producers and processors of such materials'' before ``to
avoid'';
(2) in section 12, by adding at the end the following new
paragraph:
``(3) The term `national technology and industrial base'
has the meaning given such term in section 2500 of title 10,
United States Code.''; and
(3) in section 15(a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) if domestic sources are unavailable to meet the
requirements defined in paragraphs (1) through (4), by making
efforts to prioritize the purchase of strategic and critical
materials from the national technology and industrial
base.''.
SEC. 1412. AUTHORIZATION TO LOAN MATERIALS IN NATIONAL
DEFENSE STOCKPILE.
Section 6 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98e) is amended by adding at the end
the following new subsection:
``(f) The President may loan stockpile materials to the
Department of Energy or the military departments if the
President--
``(1) has a reasonable assurance that stockpile materials
of a similar or superior quantity and quality to the
materials loaned will be returned to the stockpile or paid
for;
``(2) notifies the congressional defense committees (as
defined in section 101(a) of title 10, United States Code),
in writing, not less than 30 days before making any such
loan; and
``(3) includes in the written notification under paragraph
(2) sufficient support for the assurance described in
paragraph (1).''.
SEC. 1413. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated for section 1405 and available
for the Defense Health Program for operation and maintenance,
$137,000,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated specifically for the
purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4500).
SEC. 1414. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2022 from the Armed Forces Retirement Home Trust Fund
the sum of $75,300,000 for the operation of the Armed Forces
Retirement Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Related to Cyber Operations and Cyber Forces
Sec. 1501. Development of taxonomy of cyber capabilities.
Sec. 1502. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National
Guard.
Sec. 1503. Modification of the Principal Cyber Advisor.
Sec. 1504. Evaluation of Department of Defense cyber governance.
Sec. 1505. Operational technology and mission-relevant terrain in
cyberspace.
Sec. 1506. Matters concerning cyber personnel requirements.
Sec. 1507. Assignment of certain budget control responsibilities to
commander of United States Cyber Command.
Sec. 1508. Coordination between United States Cyber Command and private
sector.
Sec. 1509. Assessment of cyber posture and operational assumptions and
development of targeting strategies and supporting
capabilities.
Sec. 1510. Assessing capabilities to counter adversary use of
ransomware, capabilities, and infrastructure.
Sec. 1511. Comparative analysis of cybersecurity capabilities.
Sec. 1512. Eligibility of owners and operators of critical
infrastructure to receive certain Department of Defense
support and services.
Sec. 1513. Report on potential Department of Defense support and
assistance for increasing the awareness of the
Cybersecurity and Infrastructure Security Agency of cyber
threats and vulnerabilities affecting critical
infrastructure.
Subtitle B--Matters Related to Department of Defense Cybersecurity and
Information Technology
Sec. 1521. Enterprise-wide procurement of cyber data products and
services.
Sec. 1522. Legacy information technologies and systems accountability.
Sec. 1523. Update relating to responsibilities of Chief Information
Officer.
Sec. 1524. Protective Domain Name System within the Department of
Defense.
Sec. 1525. Cybersecurity of weapon systems.
Sec. 1526. Assessment of controlled unclassified information program.
Sec. 1527. Cyber data management.
Sec. 1528. Zero trust strategy, principles, model architecture, and
implementation plans.
Sec. 1529. Demonstration program for automated security validation
tools.
Sec. 1530. Improvements to consortium of universities to advise
Secretary of Defense on cybersecurity matters.
Sec. 1531. Digital development infrastructure plan and working group.
Sec. 1532. Study regarding establishment within the Department of
Defense of a designated central program office to oversee
academic engagement programs relating to establishing
cyber talent across the Department.
Sec. 1533. Report on the Cybersecurity Maturity Model Certification
program.
Sec. 1534. Deadline for reports on assessment of cyber resiliency of
nuclear command and control system.
[[Page H7065]]
Subtitle C--Matters Related to Federal Cybersecurity
Sec. 1541. Capabilities of the Cybersecurity and Infrastructure
Security Agency to identify threats to industrial control
systems.
Sec. 1542. Cybersecurity vulnerabilities.
Sec. 1543. Report on cybersecurity vulnerabilities.
Sec. 1544. Competition relating to cybersecurity vulnerabilities.
Sec. 1545. Strategy.
Sec. 1546. Cyber incident response plan.
Sec. 1547. National cyber exercise program.
Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure
Security Agency.
Sec. 1549. Strategic assessment relating to innovation of information
systems and cybersecurity threats.
Sec. 1550. Pilot program on public-private partnerships with internet
ecosystem companies to detect and disrupt adversary cyber
operations.
Sec. 1551. United States-Israel cybersecurity cooperation.
Sec. 1552. Authority for National Cyber Director to accept details on
nonreimbursable basis.
Subtitle A--Matters Related to Cyber Operations and Cyber Forces
SEC. 1501. DEVELOPMENT OF TAXONOMY OF CYBER CAPABILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop a taxonomy of cyber capabilities, including software,
hardware, middleware, code, other information technology, and
accesses, designed for use in cyber effects operations.
(b) Report.--
(1) In general.--Not later than 30 days after the
development of the taxonomy of cyber capabilities required
under subsection (a), the Secretary of Defense shall submit
to the congressional defense committees a report regarding
such taxonomy.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) The definitions associated with each category contained
within the taxonomy of cyber capabilities developed pursuant
to subsection (a).
(B) Recommendations for improved reporting mechanisms to
Congress regarding such taxonomy of cyber capabilities, using
amounts from the Cyberspace Activities Budget of the
Department of Defense.
(C) Recommendations for modifications to the notification
requirement under section 396 of title 10, United States
Code, in order that such notifications would include
information relating to such taxonomy of cyber capabilities,
including with respect to both physical and nonphysical cyber
effects.
(D) Any other elements the Secretary determines
appropriate.
SEC. 1502. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY
NATIONAL GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
32 U.S.C. 501 note) is amended by striking ``2022'' and
inserting ``2024''.
SEC. 1503. MODIFICATION OF THE PRINCIPAL CYBER ADVISOR.
(a) In General.--Paragraph (1) of section 932(c) of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2224 note) is amended to read
as follows:
``(1) Designation.--(A) The Secretary shall designate, from
among the personnel of the Office of the Under Secretary of
Defense for Policy, a Principal Cyber Advisor to act as the
principal advisor to the Secretary on military cyber forces
and activities.
``(B) The Secretary may only designate an official under
this paragraph if such official was appointed to the position
in which such official serves by and with the advice and
consent of the Senate.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is
amended by striking ``Office of the Secretary of Defense''
and inserting ``Office of the Under Secretary of Defense for
Policy''.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall
brief the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
on such recommendations as the Deputy Secretary may have for
alternate reporting structures for the Principal Cyber
Advisor and the Deputy Principal Cyber Advisor within the
Office of the Under Secretary for Policy.
SEC. 1504. EVALUATION OF DEPARTMENT OF DEFENSE CYBER
GOVERNANCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
complete an evaluation and review of the Department of
Defense's current cyber governance construct.
(b) Scope.--The evaluation and review conducted pursuant to
subsection (a) shall--
(1) assess the performance of the Department of Defense in
carrying out the pillars of the cyber strategy and lines of
efforts established in the most recent cyber posture review,
including--
(A) conducting military cyberspace operations of offensive,
defensive, and protective natures;
(B) securely operating technologies associated with
information networks, industrial control systems, operational
technologies, weapon systems, and weapon platforms; and
(C) enabling, encouraging, and supporting the security of
international, industrial, and academic partners;
(2) analyze and assess the current institutional constructs
across the Office of the Secretary of Defense, Joint Staff,
military services, and combatant commands involved with and
responsible for the execution of and civilian oversight for
the responsibilities specified in paragraph (1);
(3) analyze and assess the delineation of responsibilities
within the current institutional construct within the Office
of the Secretary of Defense for addressing the objectives of
the 2018 Department of Defense Cyber Strategy and any
superseding strategies, as well as identifying potential
seams in responsibility;
(4) examine the Department's policy, legislative, and
regulatory regimes related to cyberspace and cybersecurity
matters, including the 2018 Department of Defense Cyber
Strategy and any superseding strategies, for sufficiency in
carrying out the responsibilities specified in paragraph (1);
(5) examine the Office of the Secretary of Defense's
current alignment for the integration and coordination of
cyberspace activities with other aspects of information
operations, including information warfare and electromagnetic
spectrum operations;
(6) examine the current roles and responsibilities of each
Principal Staff Assistant to the Secretary of Defense as such
relate to the responsibilities specified in paragraph (1),
and identify redundancy, duplication, or matters requiring
deconfliction or clarification;
(7) evaluate and, as appropriate, implement relevant
managerial innovation from the private sector in the
management of complex missions, including enhanced cross-
functional teaming;
(8) evaluate the state of collaboration among each
Principal Staff Assistant in matters related to acquisition
of cyber capabilities and other enabling technologies
supporting the responsibilities specified in paragraph (1);
(9) analyze and assess the Department's performance in and
posture for building and retaining the requisite workforce
necessary to perform the responsibilities specified in
paragraph (1);
(10) determine optimal governance structures related to the
management and advancement of the Department's cyber
workforce, including those structures defined under and
evaluated pursuant to section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
and section 1726 of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283);
(11) develop policy and legislative recommendations, as
appropriate, to delineate and deconflict the roles and
responsibilities of United States Cyber Command in defending
and protecting the Department of Defense Information Network
(DoDIN), with the responsibility of the Chief Information
Officer, the Defense Information Systems Agency, and the
military services to securely operate technologies described
in paragraph (1)(B);
(12) develop policy and legislative recommendations to
enhance the authority of the Chief Information Officers
within the military services, specifically as such relates to
executive and budgetary control over matters related to such
services' information technology security, acquisition, and
value;
(13) develop policy and legislative recommendations, as
appropriate, for optimizing the institutional constructs
across the Office of the Secretary of Defense, Joint Staff,
military services, and combatant commands involved with and
responsible for the responsibilities specified in paragraph
(1); and
(14) make recommendations for any legislation determined
appropriate.
(c) Interim Briefings.--Not later than 90 days after the
commencement of the evaluation and review conducted pursuant
to subsection (a) and every 30 days thereafter, the Secretary
of Defense shall brief the congressional defense committees
on interim findings of such evaluation and review.
(d) Report.--Not later than 30 days after the completion of
the evaluation and review conducted pursuant to subsection
(a), the Secretary of Defense shall submit to the
congressional defense committees a report on such evaluation
and review.
SEC. 1505. OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT
TERRAIN IN CYBERSPACE.
(a) Mission-relevant Terrain.--Not later than January 1,
2025, the Secretary of Defense shall complete mapping of
mission-relevant terrain in cyberspace for Defense Critical
Assets and Task Critical Assets at sufficient granularity to
enable mission thread analysis and situational awareness,
including required--
(1) decomposition of missions reliant on such Assets;
(2) identification of access vectors;
(3) internal and external dependencies;
(4) topology of networks and network segments;
(5) cybersecurity defenses across information and
operational technology on such Assets; and
(6) identification of associated or reliant weapon systems.
(b) Combatant Command Responsibilities.--Not later than
January 1, 2024, the Commanders of United States European
Command, United States Indo-Pacific Command, United States
Northern Command, United States Strategic Command, United
States Space Command, United States Transportation Command,
and other relevant Commands, in coordination with the
Commander of United States Cyber Command, in order to enable
effective mission thread analysis, cyber situational
awareness, and effective cyber defense of Defense Critical
Assets and Task Critical Assets under their control or in
their areas of responsibility, shall develop, institute, and
make necessary modifications to--
(1) internal combatant command processes, responsibilities,
and functions;
[[Page H7066]]
(2) coordination with service components under their
operational control, United States Cyber Command, Joint
Forces Headquarters-Department of Defense Information
Network, and the service cyber components;
(3) combatant command headquarters' situational awareness
posture to ensure an appropriate level of cyber situational
awareness of the forces, facilities, installations, bases,
critical infrastructure, and weapon systems under their
control or in their areas of responsibility, including, in
particular, Defense Critical Assets and Task Critical Assets;
and
(4) documentation of their mission-relevant terrain in
cyberspace.
(c) Department of Defense Chief Information Officer
Responsibilities.--
(1) In general.--Not later than November 1, 2023, the Chief
Information Officer of the Department of Defense shall
establish or make necessary changes to policy, control
systems standards, risk management framework and authority to
operate policies, and cybersecurity reference architectures
to provide baseline cybersecurity requirements for
operational technology in forces, facilities, installations,
bases, critical infrastructure, and weapon systems across the
Department of Defense Information Network.
(2) Implementation of policies.--The Chief Information
Officer of the Department of Defense shall leverage
acquisition guidance, concerted assessment of the
Department's operational technology enterprise, and
coordination with the military department principal cyber
advisors and chief information officers to drive necessary
change and implementation of relevant policy across the
Department's forces, facilities, installations, bases,
critical infrastructure, and weapon systems.
(3) Additional responsibilities.--The Chief Information
Officer of the Department of Defense shall ensure that
policies, control systems standards, and cybersecurity
reference architectures--
(A) are implementable by components of the Department;
(B) limit adversaries' ability to reach or manipulate
control systems through cyberspace;
(C) appropriately balance non-connectivity and monitoring
requirements;
(D) include data collection and flow requirements;
(E) interoperate with and are informed by the operational
community's workflows for defense of information and
operational technology in the forces, facilities,
installations, bases, critical infrastructure, and weapon
systems across the Department;
(F) integrate and interoperate with Department mission
assurance construct; and
(G) are implemented with respect to Defense Critical Assets
and Task Critical Assets.
(d) United States Cyber Command Operational
Responsibilities.--Not later than January 1, 2025, the
Commander of United States Cyber Command shall make necessary
modifications to the mission, scope, and posture of Joint
Forces Headquarters-Department of Defense Information Network
to ensure that Joint Forces Headquarters--
(1) has appropriate visibility of operational technology in
the forces, facilities, installations, bases, critical
infrastructure, and weapon systems across the Department of
Defense Information Network, including, in particular,
Defense Critical Assets and Task Critical Assets;
(2) can effectively command and control forces to defend
such operational technology; and
(3) has established processes for--
(A) incident and compliance reporting;
(B) ensuring compliance with Department of Defense
cybersecurity policy; and
(C) ensuring that cyber vulnerabilities, attack vectors,
and security violations, including, in particular, those
specific to Defense Critical Assets and Task Critical Assets,
are appropriately managed.
(e) United States Cyber Command Functional
Responsibilities.--Not later than January 1, 2025, the
Commander of United States Cyber Command shall--
(1) ensure in its role of Joint Forces Trainer for the
Cyberspace Operations Forces that operational technology
cyber defense is appropriately incorporated into training for
the Cyberspace Operations Forces;
(2) delineate the specific force composition requirements
within the Cyberspace Operations Forces for specialized cyber
defense of operational technology, including the number,
size, scale, and responsibilities of defined Cyber Operations
Forces elements;
(3) develop and maintain, or support the development and
maintenance of, a joint training curriculum for operational
technology-focused Cyberspace Operations Forces;
(4) support the Chief Information Officer of the Department
of Defense as the Department's senior official for the
cybersecurity of operational technology under this section;
(5) develop and institutionalize, or support the
development and institutionalization of, tradecraft for
defense of operational technology across local defenders,
cybersecurity service providers, cyber protection teams, and
service-controlled forces;
(6) develop and institutionalize integrated concepts of
operation, operational workflows, and cybersecurity
architectures for defense of information and operational
technology in the forces, facilities, installations, bases,
critical infrastructure, and weapon systems across the
Department of Defense Information Network, including, in
particular, Defense Critical Assets and Task Critical Assets,
including--
(A) deliberate and strategic sensoring of such Network and
Assets;
(B) instituting policies governing connections across and
between such Network and Assets;
(C) modelling of normal behavior across and between such
Network and Assets;
(D) engineering data flows across and between such Network
and Assets;
(E) developing local defenders, cybersecurity service
providers, cyber protection teams, and service-controlled
forces' operational workflows and tactics, techniques, and
procedures optimized for the designs, data flows, and
policies of such Network and Assets;
(F) instituting of model defensive cyber operations and
Department of Defense Information Network operations
tradecraft; and
(G) integrating of such operations to ensure
interoperability across echelons; and
(7) advance the integration of the Department of Defense's
mission assurance, cybersecurity compliance, cybersecurity
operations, risk management framework, and authority to
operate programs and policies.
(f) Service Responsibilities.--Not later than January 1,
2025, the Secretaries of the military departments, through
the service principal cyber advisors, chief information
officers, the service cyber components, and relevant service
commands, shall make necessary investments in operational
technology in the forces, facilities, installations, bases,
critical infrastructure, and weapon systems across the
Department of Defense Information Network and the service-
controlled forces responsible for defense of such operational
technology to--
(1) ensure that relevant local network and cybersecurity
forces are responsible for defending operational technology
across the forces, facilities, installations, bases, critical
infrastructure, and weapon systems, including, in particular,
Defense Critical Assets and Task Critical Assets;
(2) ensure that relevant local operational technology-
focused system operators, network and cybersecurity forces,
mission defense teams and other service-retained forces, and
cyber protection teams are appropriately trained, including
through common training and use of cyber ranges, as
appropriate, to execute the specific requirements of
cybersecurity operations in operational technology;
(3) ensure that all Defense Critical Assets and Task
Critical Assets are monitored and defended by Cybersecurity
Service Providers;
(4) ensure that operational technology is appropriately
sensored and appropriate cybersecurity defenses, including
technologies associated with the More Situational Awareness
for Industrial Control Systems Joint Capability Technology
Demonstration, are employed to enable defense of Defense
Critical Assets and Task Critical Assets;
(5) implement Department of Defense Chief Information
Officer policy germane to operational technology, including,
in particular, with respect to Defense Critical Assets and
Task Critical Assets;
(6) plan for, designate, and train dedicated forces to be
utilized in operational technology-centric roles across the
military services and United States Cyber Command; and
(7) ensure that operational technology, as appropriate, is
not easily accessible via the internet and that cybersecurity
investments accord with mission risk to and relevant access
vectors for Defense Critical Assets and Task Critical Assets.
(g) Office of the Secretary of Defense Responsibilities.--
Not later than January 1, 2023, the Secretary of Defense
shall--
(1) assess and finalize Office of the Secretary of Defense
components' roles and responsibilities for the cybersecurity
of operational technology in the forces, facilities,
installations, bases, critical infrastructure, and weapon
systems across the Department of Defense Information Network;
(2) assess the need to establish centralized or dedicated
funding for remediation of cybersecurity gaps in operational
technology across the Department of Defense Information
Network;
(3) make relevant modifications to the Department of
Defense's mission assurance construct, Mission Assurance
Coordination Board, and other relevant bodies to drive--
(A) prioritization of kinetic and non-kinetic threats to
the Department's missions and minimization of mission risk in
the Department's war plans;
(B) prioritization of relevant mitigations and investments
to harden and assure the Department's missions and minimize
mission risk in the Department's war plans; and
(C) completion of mission relevant terrain mapping of
Defense Critical Assets and Task Critical Assets and
population of associated assessment and mitigation data in
authorized repositories;
(4) make relevant modifications to the Strategic
Cybersecurity Program; and
(5) drive and provide oversight of the implementation of
this section.
(h) Budget Rollout Briefings.--
(1) In general.--Beginning not later than 30 days after the
date of the enactment of this Act, each of the Secretaries of
the military departments, the Commander of United States
Cyber Command, and the Chief Information Officer of the
Department of Defense shall provide annual updates to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives on
activities undertaken and progress made to carry out this
section.
(2) Annual briefings.--Not later than one year after the
date of the enactment of this Act and not less frequently
than annually thereafter until January 1, 2024, the Under
Secretary of Defense for Policy, the Under Secretary of
Defense for Acquisition and Sustainment, the Chief
Information Officer, and the Joint Staff J6, representing the
combatant commands, shall individually or together provide
briefings to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives on activities undertaken and progress made to
carry out this section.
(i) Implementation.--
[[Page H7067]]
(1) In general.--In implementing this section, the
Secretary of Defense shall prioritize the cybersecurity and
cyber defense of Defense Critical Assets and Task Critical
Assets and shape cyber investments, policy, operations, and
deployments to ensure cybersecurity and cyber defense.
(2) Application.--This section shall apply to assets owned
and operated by the Department of Defense, as well as to
applicable non-Department assets essential to the projection,
support, and sustainment of military forces and operations
worldwide.
(j) Definition.--In this section:
(1) Mission-relevant terrain in cyberspace.--``mission-
relevant terrain in cyberspace'' has the meaning given such
term as specified in Joint Publication 6-0.
(2) Operational technology.--The term ``operational
technology'' means control systems or controllers,
communication architectures, and user interfaces that monitor
or control infrastructure and equipment operating in various
environments, such as weapon systems, utility or energy
production and distribution, or medical, logistics, nuclear,
biological, chemical, or manufacturing facilities.
SEC. 1506. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.
(a) In General.--The Secretary of Defense, acting through
the Under Secretary of Defense for Personnel and Readiness
and the Chief Information Officer of the Department of
Defense, in consultation with Secretaries of the military
departments and the head of any other organization or element
of the Department the Secretary determines appropriate,
shall--
(1) determine the overall workforce requirement of the
Department for cyberspace and information warfare military
personnel across the active and reserve components of the
Armed Forces (other than the Coast Guard) and for civilian
personnel, and in doing so shall--
(A) consider personnel in positions securing the Department
of Defense Information Network and associated enterprise
information technology, defense agencies and field
activities, and combatant commands, including current billets
primarily associated with the Department of Defense Cyber
Workforce Framework;
(B) consider the mix between military and civilian
personnel, active and reserve components, and the use of the
National Guard;
(C) develop a talent management strategy that covers
accessions, training, and education; and
(D) consider such other elements as the Secretary
determines appropriate;
(2) assess current and future cyber education curriculum
and requirements for military and civilian personnel,
including--
(A) acquisition personnel;
(B) accessions and recruits to the military services;
(C) cadets and midshipmen at the military service academies
and enrolled in the Senior Reserve Officers' Training Corps;
(D) information environment and cyberspace military and
civilian personnel; and
(E) non-information environment cyberspace military and
civilian personnel;
(3) identify appropriate locations for information warfare
and cyber education for military and civilian personnel,
including--
(A) the military service academies;
(B) the senior level service schools and intermediate level
service schools specified in section 2151(b) of title 10,
United States Code;
(C) the Air Force Institute of Technology;
(D) the National Defense University;
(E) the Joint Special Operations University;
(F) the Command and General Staff Colleges;
(G) the War Colleges;
(H) any military education institution attached to or
operating under any institution specified in this paragraph;
(I) any other military educational institution of the
Department identified by the Secretary for purposes of this
section;
(J) the Cyber Centers of Academic Excellence; and
(K) potential future educational institutions of the
Federal Government in accordance with the assessment required
under subsection (b); and
(4) determine--
(A) whether the cyberspace domain mission requires a
graduate level professional military education college on par
with and distinct from the war colleges for the Army, Navy,
and Air Force as in existence on the day before the date of
the enactment of this Act;
(B) whether such a college should be joint; and
(C) where such a college should be located.
(b) Assessment.--In identifying appropriate locations for
information warfare and cyber education for military and
civilian personnel at potential future educational
institutions of the Federal Government pursuant to subsection
(a)(3)(K), the Secretary of Defense, acting through the Under
Secretary of Defense for Personnel and Readiness and the
Chief Information Officer of the Department of Defense, in
consultation with Secretaries of the military departments,
the head of any other organization or element of the
Department the Secretary determines appropriate, the
Secretary of Homeland Security, and the National Cyber
Director, shall assess the feasibility and advisability of
establishing a National Cyber Academy or similar institute
for the purpose of educating and training civilian and
military personnel for service in cyber, information, and
related fields throughout the Federal Government.
(c) Reports Required.--
(1) Education.--Not later than November 1, 2022, the
Secretary of Defense shall provide the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing and, not later than
January 1, 2023, the Secretary shall submit to such
committees a report, on--
(A) talent strategy to satisfy future cyber education
requirements at appropriate locations referred to in
subsection (a)(3); and
(B) the findings of the Secretary in assessing cyber
education curricula and identifying such locations.
(2) Workforce.--Not later than November 1, 2024, the
Secretary of Defense shall provide the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing and, not later than
January 1, 2025, the Secretary shall submit to such
committees a report, on--
(A) the findings of the Secretary in determining pursuant
to subsection (a)(1) the overall workforce requirement of the
Department of Defense for cyberspace and information warfare
military personnel across the active and reserve components
of the Armed Forces (other than the Coast Guard) and for
civilian personnel;
(B) such recommendations as the Secretary may have relating
to such requirement; and
(C) such legislative or administrative action as the
Secretary identifies as necessary to effectively satisfy such
requirement.
(d) Education Described.--In this section, the term
``education'' includes formal education requirements, such as
degrees and certification in targeted subject areas, as well
as general training, including--
(1) upskilling;
(2) knowledge, skills, and abilities; and
(3) nonacademic professional development.
SEC. 1507. ASSIGNMENT OF CERTAIN BUDGET CONTROL
RESPONSIBILITIES TO COMMANDER OF UNITED STATES
CYBER COMMAND.
(a) Assignment of Responsibilities.--
(1) In general.--The Commander of United States Cyber
Command shall, subject to the authority, direction, and
control of the Principal Cyber Advisor of the Department of
Defense, be responsible for directly controlling and managing
the planning, programming, budgeting, and execution of
resources to train, equip, operate, and sustain the Cyber
Mission Forces.
(2) Effective date and applicability.--Paragraph (1) shall
take effect on the date of the enactment of this Act and
apply--
(A) on January 1, 2022, for controlling and managing budget
execution; and
(B) beginning with fiscal year 2024 and each fiscal year
thereafter for directly controlling and managing the
planning, programming, budgeting, and execution of resources.
(b) Elements.--
(1) In general.--The responsibilities assigned to the
Commander of United States Cyber Command pursuant to
subsection (a)(1) shall include the following:
(A) Preparation of a program objective memorandum and
budget estimate submission for the resources required to
train, equip, operate, and sustain the Cyber Mission Forces.
(B) Preparation of budget materials pertaining to United
States Cyber Command for inclusion in the budget
justification materials that are submitted to Congress in
support of the Department of Defense budget for a fiscal year
(as submitted with the budget of the President for a fiscal
year under section 1105(a) of title 31, United States Code)
that is separate from any other military service or component
of the Department.
(2) Responsibilities not delegated.--The responsibilities
assigned to the Commander of United States Cyber Command
pursuant to subsection (a)(1) shall not include the
following:
(A) Military pay and allowances.
(B) Funding for facility support that is provided by the
military services.
(c) Implementation Plan.--
(1) In general.--Not later than the date that is 30 days
after the date of the enactment of this Act, the Comptroller
General of the Department of Defense and the Commander of
United States Cyber Command, in coordination with Chief
Information Officer of the Department, the Principal Cyber
Advisor, the Under Secretary of Defense for Acquisition and
Sustainment, Cost Assessment and Program Evaluation, and the
Secretaries of the military departments, shall jointly
develop an implementation plan for the transition of
responsibilities assigned to the Commander of United States
Cyber Command pursuant to subsection (a)(1).
(2) Elements.--The implementation plan developed under
paragraph (1) shall include the following:
(A) A budgetary review to identify appropriate resources
for transfer to the Commander of United States Cyber Command
for carrying out responsibilities assigned pursuant to
subsection (a)(1).
(B) Definitions of appropriate roles and responsibilities.
(C) Specification of all program elements and sub-elements,
and the training, equipment, Joint Cyber Warfighting
Architecture capabilities, other enabling capabilities and
infrastructure, intelligence support, operations, and
sustainment investments in each such program element and sub-
element for which the Commander of United States Cyber
Command is responsible.
(D) Specification of all program elements and sub-elements,
and the training, equipment, Joint Cyber Warfighting
Architecture capabilities, other enabling capabilities and
infrastructure, intelligence support, operations, and
sustainment investments in each such program element and sub-
element relevant to or that support the Cyber Mission Force
for which the Secretaries of the military departments are
responsible.
(E) Required levels of civilian and military staffing
within United States Cyber Command to carry out subsection
(a)(1), and an estimate of when such levels of staffing will
be achieved.
(d) Briefing.--
(1) In general.--Not later than the earlier of the date on
which the implementation plan
[[Page H7068]]
under subsection (c) is developed or the date that is 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall provide the congressional defense committees a
briefing on the implementation plan.
(2) Elements.--The briefing required by paragraph (1) shall
address any recommendations for when and how the Secretary of
Defense should delegate to the Commander of United States
Cyber Command budget authority for the Cyber Operations
Forces (as such term is defined in the memorandum issued by
the Secretary of Defense on December 12, 2019, relating to
the definition of ``Department of Defense Cyberspace
Operations Forces (DoD COF)''), after successful
implementation of the responsibilities described in
subsection (a) relating to the Cyber Mission Forces.
SEC. 1508. COORDINATION BETWEEN UNITED STATES CYBER COMMAND
AND PRIVATE SECTOR.
(a) Voluntary Process.--Not later than January 1, 2023, the
Commander of United States Cyber Command shall establish a
voluntary process to engage with private sector information
technology and cybersecurity entities to explore and develop
methods and plans through which the capabilities, knowledge,
and actions of--
(1) private sector entities operating inside the United
States to defend against foreign malicious cyber actors could
assist, or be coordinated with, the actions of United States
Cyber Command operating outside the United States against
such foreign malicious cyber actors; and
(2) United States Cyber Command operating outside the
United States against foreign malicious cyber actors could
assist, or be coordinated with, the actions of private sector
entities operating inside the United States against such
foreign malicious cyber actors.
(b) Annual Briefing.--
(1) In general.--During the period beginning on March 1,
2022, and ending on March 1, 2026, the Commander of United
States Cyber Command shall, not less frequently than once
each year, provide to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing on the status of any activities
conducted pursuant to subsection (a).
(2) Elements.--Each briefing provided under paragraph (1)
shall include the following:
(A) Such recommendations for legislative or administrative
action as the Commander of United States Cyber Command
considers appropriate to improve and facilitate the
exploration and development of methods and plans under
subsection (a).
(B) Such recommendations as the Commander may have for
increasing private sector participation in such exploration
and development.
(C) A description of the challenges encountered in carrying
out subsection (a), including any concerns expressed to the
Commander by private sector partners regarding participation
in such exploration and development.
(D) Information relating to how such exploration and
development with the private sector could assist military
planning by United States Cyber Command.
(E) Such other matters as the Commander considers
appropriate.
(c) Consultation.--In developing the process described in
subsection (a), the Commander of United States Cyber Command
shall consult with the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security and the heads of any other Federal agencies the
Commander considers appropriate.
(d) Integration With Other Efforts.--The Commander of
United States Cyber Command shall ensure that the process
described in subsection (a) makes use of, builds upon, and,
as appropriate, integrates with and does not duplicate, other
efforts of the Department of Homeland Security and the
Department of Defense relating to cybersecurity, including
the following:
(1) The Joint Cyber Defense Collaborative of the
Cybersecurity and Infrastructure Security Agency.
(2) The Cybersecurity Collaboration Center and Enduring
Security Framework of the National Security Agency.
(3) The office for joint cyber planning of the Department
of Homeland Security.
(e) Protection of Trade Secrets and Proprietary
Information.--The Commander of United States Cyber Command
shall ensure that any trade secret or proprietary information
of a private sector entity engaged with the Department of
Defense through the process established under subsection (a)
that is made known to the Department pursuant to such process
remains private and protected unless otherwise explicitly
authorized by such entity.
(f) Rule of Construction.--Nothing in this section may be
construed to authorize United States Cyber Command to conduct
operations inside the United States or for private sector
entities to conduct offensive cyber activities outside the
United States, except to the extent such operations or
activities are permitted by a provision of law in effect on
the day before the date of the enactment of this Act.
SEC. 1509. ASSESSMENT OF CYBER POSTURE AND OPERATIONAL
ASSUMPTIONS AND DEVELOPMENT OF TARGETING
STRATEGIES AND SUPPORTING CAPABILITIES.
(a) Assessment of Cyber Posture of Adversaries and
Operational Assumptions of United States Government.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Commander of United States
Cyber Command, the Under Secretary of Defense for Policy, and
the Under Secretary of Defense for Intelligence and Security,
shall jointly sponsor or conduct an assessment, including, if
appropriate, a war-game or tabletop exercise, of the current
and emerging offensive and defensive cyber posture of
adversaries of the United States and the current operational
assumptions and plans of the Armed Forces for offensive cyber
operations during potential crises or conflict.
(2) Elements.--The assessment required under paragraph (1)
shall include consideration of the following:
(A) Changes to strategies, operational concepts,
operational preparation of the environment, and rules of
engagement.
(B) Opportunities provided by armed forces in theaters of
operations and other innovative alternatives.
(C) Changes in intelligence community (as such term is
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) targeting and operations in support of the
Department of Defense.
(D) Adversary capabilities to deny or degrade United States
activities in cyberspace.
(E) Adversaries' targeting of United States critical
infrastructure and implications for United States policy.
(F) Potential effect of emerging technologies, such as
fifth generation mobile networks, expanded use of cloud
information technology services, and artificial intelligence.
(G) Changes in Department of Defense organizational design.
(H) The effect of private sector cybersecurity research.
(F) Adequacy of intelligence support to cyberspace
operations by Combat Support Agencies and Service
Intelligence Centers.
(b) Development of Targeting Strategies, Supporting
Capabilities, and Operational Concepts.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Commander of United States
Cyber Command shall--
(A) assess and establish the capabilities, capacities,
tools, and tactics required to support targeting strategies
for--
(i) day-to-day persistent engagement of adversaries,
including support to information operations;
(ii) support to geographic combatant commanders at the
onset of hostilities and during sustained conflict; and
(iii) deterrence of attacks on United States critical
infrastructure, including the threat of counter value
responses;
(B) develop future cyber targeting strategies and
capabilities across the categories of cyber missions and
targets with respect to which--
(i) time-consuming and human effort-intensive stealthy
operations are required to acquire and maintain access to
targets, and the mission is so important it is worthwhile to
expend such efforts to hold such targets at risk;
(ii) target prosecution requires unique access and
exploitation tools and technologies, and the target
importance justifies the efforts, time, and expense relating
thereto;
(iii) operational circumstances do not allow for and do not
require spending the time and human effort required for
stealthy, nonattributable, and continuous access to targets;
(iv) capabilities are needed to rapidly prosecute targets
that have not been previously planned and that can be
accessed and exploited using known, available tools and
techniques; and
(v) targets may be prosecuted with the aid of automated
techniques to achieve speed, mass, and scale;
(C) develop strategies for appropriate utilization of Cyber
Mission Teams in support of combatant command objectives as--
(i) adjuncts to or substitutes for kinetic operations; or
(ii) independent means to achieve novel tactical,
operational, and strategic objectives; and
(D) develop collection and analytic support strategies for
the service intelligence centers to assist operations by
United States Cyber Command and the Service Cyber Components.
(2) Briefing required.--
(A) In general.--Not later than 30 days after the date on
which all activities required under paragraph (1) have been
completed, the Commander of United States Cyber Command shall
provide the congressional defense committees a briefing on
such activities.
(B) Elements.--The briefing provided pursuant to
subparagraph (A) shall include the following:
(i) Recommendations for such legislative or administrative
action as the Commander of United States Cyber Command
considers necessary to address capability shortcomings.
(ii) Plans to address such capability shortcomings.
(c) Country-specific Access Strategies.--
(1) In general.--Not later than one year after the date on
which all activities required under subsection (b)(1) have
been completed, the Commander of United States Cyber Command
shall complete development of country-specific access
strategies for the Russian Federation, the People's Republic
of China, the Democratic People's Republic of Korea, and the
Islamic Republic of Iran.
(2) Elements.--Each country-specific access strategy
developed under paragraph (1) shall include the following:
(A) Specification of desired and required--
(i) outcomes;
(ii) cyber warfighting architecture, including--
(I) tools and redirectors;
(II) access platforms; and
(III) data analytics, modeling, and simulation capacity;
(iii) specific means to achieve and maintain persistent
access and conduct command and control and exfiltration
against hard targets and in operationally challenging
environments across the continuum of conflict;
(iv) intelligence, surveillance, and reconnaissance
support;
[[Page H7069]]
(v) operational partnerships with allies;
(vi) rules of engagement;
(vii) personnel, training, and equipment; and
(viii) targeting strategies, including strategies that do
not demand deliberate targeting and precise access to achieve
effects; and
(B) recommendations for such policy or resourcing changes
as the Commander of United States Cyber Command considers
appropriate to address access shortfalls.
(3) Consultation required.--The Commander of United States
Cyber Command shall develop the country-specific access
strategies under paragraph (1) independently but in
consultation with the following:
(A) The Director of the National Security Agency.
(B) The Director of the Central Intelligence Agency.
(C) The Director of the Defense Advanced Research Projects
Agency.
(D) The Director of the Strategic Capabilities Office.
(E) The Under Secretary of Defense for Policy.
(F) The Principal Cyber Advisor to the Secretary of
Defense.
(G) The Commanders of all other combatant commands.
(4) Briefing.--Upon completion of the country-specific
access strategies under paragraph (1), the Commander of
United States Cyber Command shall provide the Deputy
Secretary of Defense, the Vice Chairman of the Joint Chiefs
of Staff, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of
Representatives a briefing on such strategies.
(d) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
SEC. 1510. ASSESSING CAPABILITIES TO COUNTER ADVERSARY USE OF
RANSOMWARE, CAPABILITIES, AND INFRASTRUCTURE.
(a) Comprehensive Assessment and Recommendations
Required.--Not later than 180 days after the date of
enactment of this section, the Secretary of Defense shall--
(1) conduct a comprehensive assessment of the policy,
capacity, and capabilities of the Department of Defense to
diminish and defend the United States from the threat of
ransomware attacks, including--
(A) an assessment of the current and potential threats and
risks to national and economic security posed by--
(i) large-scale and sophisticated criminal cyber
enterprises that provide large-scale and sophisticated cyber
attack capabilities and infrastructure used to conduct
ransomware attacks; and
(ii) organizations that conduct or could conduct ransomware
attacks or other attacks that use the capabilities and
infrastructure described in clause (i) on a large scale
against important assets and systems in the United States,
including critical infrastructure;
(B) an assessment of--
(i) the threat posed to the Department of Defense
Information Network and the United States by the large-scale
and sophisticated criminal cyber enterprises, capabilities,
and infrastructure described in subparagraph (A); and
(ii) the current and potential role of United States Cyber
Command in addressing the threat referred to in clause (i)
including--
(I) the threshold at which United States Cyber Command
should respond to such a threat; and
(II) the capacity for United States Cyber Command to
respond to such a threat without harmful effects on other
United States Cyber Command missions;
(C) an identification of the current and potential
Department efforts, processes, and capabilities to deter and
counter the threat referred to in subparagraph (B)(i),
including through offensive cyber effects operations;
(D) an assessment of the application of the defend forward
and persistent engagement operational concepts and
capabilities of the Department to deter and counter the
threat of ransomware attacks against the United States;
(E) a description of the efforts of the Department in
interagency processes, and joint collaboration with allies
and partners of the United States, to address the growing
threat from large-scale and sophisticated criminal cyber
enterprises that conduct ransomware attacks and could conduct
attacks with other objectives;
(F) a determination of the extent to which the governments
of countries in which large-scale and sophisticated criminal
cyber enterprises are principally located are tolerating the
activities of such enterprises, have interactions with such
enterprises, could direct their operations, and could
suppress such enterprises;
(G) an assessment as to whether the large-scale and
sophisticated criminal cyber enterprises described in
subparagraph (F) are perfecting and practicing attack
techniques and capabilities at scale that can be co-opted and
placed in the service of the country in which such
enterprises are principally located; and
(H) identification of such legislative or administrative
action as may be necessary to more effectively counter the
threat of ransomware attacks; and
(2) develop recommendations for the Department to build
capabilities to develop and execute innovative methods to
deter and counter the threat of ransomware attacks prior to
and in response to the launching of such attacks.
(b) Briefing.--Not later than 210 days after the date of
the enactment of this Act, the Secretary of Defense shall
brief the congressional defense committees on the
comprehensive assessment completed under paragraph (1) of
subsection (a) and the recommendations developed under
paragraph (2) of such subsection.
(c) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
SEC. 1511. COMPARATIVE ANALYSIS OF CYBERSECURITY
CAPABILITIES.
(a) Comparative Analysis Required.--Not later than 180 days
after the date of the enactment of this Act, the Chief
Information Officer and the Director of Cost Assessment and
Program Evaluation (CAPE) of the Department of Defense, in
consultation with the Principal Cyber Advisor to the
Secretary of Defense and the Chief Information Officers of
each of the military departments, shall jointly sponsor a
comparative analysis, to be conducted by the Director of the
National Security Agency and the Director of the Defense
Information Systems Agency, of the following:
(1) The cybersecurity tools, applications, and capabilities
offered as options on enterprise software agreements for
cloud-based productivity and collaboration suites, such as is
offered under the Defense Enterprise Office Solution and
Enterprise Software Agreement contracts with Department of
Defense components, relative to the cybersecurity tools,
applications, and capabilities that are currently deployed
in, or required by, the Department to conduct--
(A) asset discovery;
(B) vulnerability scanning;
(C) conditional access (also known as ``comply-to-
connect'');
(D) event correlation;
(E) patch management and remediation;
(F) endpoint query and control;
(G) endpoint detection and response;
(H) data rights management;
(I) data loss prevention;
(J) data tagging;
(K) data encryption;
(L) security information and event management; and
(M) security orchestration, automation, and response.
(2) The identity, credential, and access management (ICAM)
system, and associated capabilities to enforce the principle
of least privilege access, offered as an existing option on
an enterprise software agreement described in paragraph (1),
relative to--
(A) the requirements of such system described in the Zero
Trust Reference Architecture of the Department; and
(B) the requirements of such system under development by
the Defense Information Systems Agency.
(3) The artificial intelligence and machine-learning
capabilities associated with the tools, applications, and
capabilities described in paragraphs (1) and (2), and the
ability to host Government or third-party artificial
intelligence and machine-learning algorithms pursuant to
contracts referred to in paragraph (1) for such tools,
applications, and capabilities.
(4) The network consolidation and segmentation capabilities
offered on the enterprise software agreements described in
paragraph (1) relative to capabilities projected in the Zero
Trust Reference Architecture.
(5) The automated orchestration and interoperability among
the tools, applications, and capabilities described in
paragraphs (1) through (4).
(b) Elements of Comparative Analysis.--The comparative
analysis conducted under subsection (a) shall include an
assessment of the following:
(1) Costs.
(2) Performance.
(3) Sustainment.
(4) Scalability.
(5) Training requirements.
(6) Maturity.
(7) Human effort requirements.
(8) Speed of integrated operations.
(9) Ability to operate on multiple operating systems and in
multiple cloud environments.
(10) Such other matters as the Chief Information Officer
and the Director of Cost Assessment and Program Evaluation
consider appropriate.
(c) Briefing Required.--Not later than 30 days after the
date on which the comparative analysis required under
subsection (a) is completed, the Chief Information Officer
and the Director of Cost Assessment and Program Evaluation
(CAPE) of the Department of Defense shall jointly provide the
congressional defense committees with a briefing on the
findings of the Chief Information Officer and the Director
with respect to such analysis, together with such
recommendations for legislative or administrative action as
the Chief Information Officer and the Director may have with
respect to the matters covered by such analysis.
SEC. 1512. ELIGIBILITY OF OWNERS AND OPERATORS OF CRITICAL
INFRASTRUCTURE TO RECEIVE CERTAIN DEPARTMENT OF
DEFENSE SUPPORT AND SERVICES.
Section 2012 of title 10, United States Code is amended--
(1) in subsection (e)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) Owners and operators of critical infrastructure (as
such term is defined in section 1016(e) of Public Law 107-56
(42 U.S.C. 5195c(e))).''; and
(2) in subsection (f), by adding at the end the following
new paragraph:
``(5) Procedures to ensure that assistance provided to an
entity specified in subsection (e)(3) is provided in a manner
that is consistent with similar assistance provided under
authorities applicable to other Federal departments and
agencies, including the authorities of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security pursuant to title XXII of the Homeland Security Act
of 2002 (6 U.S.C. 651 et seq.).''.
[[Page H7070]]
SEC. 1513. REPORT ON POTENTIAL DEPARTMENT OF DEFENSE SUPPORT
AND ASSISTANCE FOR INCREASING THE AWARENESS OF
THE CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY OF CYBER THREATS AND VULNERABILITIES
AFFECTING CRITICAL INFRASTRUCTURE.
(a) Report Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Homeland Security and
the National Cyber Director, shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report that
provides recommendations on how the Department of Defense can
improve support and assistance to the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security to increase awareness of cyber threats and
vulnerabilities affecting information technology and networks
supporting critical infrastructure within the United States,
including critical infrastructure of the Department and
critical infrastructure relating to the defense of the United
States.
(b) Elements of Report.--The report required by subsection
(a) shall--
(1) assess and identify areas in which the Department of
Defense could provide support or assistance, including
through information sharing and voluntary network monitoring
programs, to the Cybersecurity and Infrastructure Security
Agency to expand or increase technical understanding and
awareness of cyber threats and vulnerabilities affecting
critical infrastructure;
(2) identify and assess any legal, policy, organizational,
or technical barriers to carrying out paragraph (1);
(3) assess and describe any legal or policy changes
necessary to enable the Department to carry out paragraph (1)
while preserving privacy and civil liberties;
(4) assess and describe the budgetary and other resource
effects on the Department of carrying out paragraph (1); and
(5) provide a notional time-phased plan, including
milestones, to enable the Department to carry out paragraph
(1).
(c) Critical Infrastructure Defined.--In this section, the
term ``critical infrastructure'' has the meaning given such
term in section 1016(e) of Public Law 107-56 (42 U.S.C.
5195c(e)).
Subtitle B--Matters Related to Department of Defense Cybersecurity and
Information Technology
SEC. 1521. ENTERPRISE-WIDE PROCUREMENT OF CYBER DATA PRODUCTS
AND SERVICES.
(a) Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall
designate an executive agent for Department of Defense-wide
procurement of cyber data products and services. The
executive agent shall establish a program management office
responsible for such procurement, and the program manager of
such program office shall be responsible for the following:
(1) Surveying components of the Department for the cyber
data products and services needs of such components.
(2) Conducting market research of cyber data products and
services.
(3) Developing or facilitating development of requirements,
both independently and through consultation with components,
for the acquisition of cyber data products and services.
(4) Developing and instituting model contract language for
the acquisition of cyber data products and services,
including contract language that facilitates components'
requirements for ingesting, sharing, using and reusing,
structuring, and analyzing data derived from such products
and services.
(5) Conducting procurement of cyber data products and
services on behalf of the Department of Defense, including
negotiating contracts with a fixed number of licenses based
on aggregate component demand and negotiation of extensible
contracts.
(6) Carrying out the responsibilities specified in
paragraphs (1) through (5) with respect to the cyber data
products and services needs of the Cyberspace Operations
Forces, such as cyber data products and services germane to
cyberspace topology and identification of adversary threat
activity and infrastructure, including--
(A) facilitating the development of cyber data products and
services requirements for the Cyberspace Operations Forces,
conducting market research regarding the future cyber data
products and services needs of the Cyberspace Operations
Forces, and conducting acquisitions pursuant to such
requirements and market research;
(B) coordinating cyber data products and services
acquisition and management activities with Joint Cyber
Warfighting Architecture acquisition and management
activities, including activities germane to data storage,
data management, and development of analytics;
(C) implementing relevant Department of Defense and United
States Cyber Command policy germane to acquisition of cyber
data products and services;
(D) leading or informing the integration of relevant
datasets and services, including Government-produced threat
data, commercial cyber threat information, collateral
telemetry data, topology-relevant data, sensor data, and
partner-provided data; and
(E) facilitating the development of tradecraft and
operational workflows based on relevant cyber data products
and services.
(b) Coordination.--In implementing this section, each
component of the Department of Defense shall coordinate its
cyber data products and services requirements and potential
procurement plans relating to such products and services with
the program management office established pursuant to
subsection (a) so as to enable such office to determine if
satisfying such requirements or procurement of such products
and services on an enterprise-wide basis would serve the best
interests of the Department.
(c) Prohibition.--Beginning not later than 540 days after
the date of the enactment of this Act, no component of the
Department of Defense may independently procure a cyber data
product or service that has been procured by the program
management office established pursuant to subsection (a),
unless--
(1) such component is able to procure such product or
service at a lower per-unit price than that available through
such office; or
(2) such office has approved such independent purchase.
(d) Exception.--United States Cyber Command and the
National Security Agency may conduct joint procurements of
products and services, including cyber data products and
services, except that the requirements of subsections (b) and
(c) shall not apply to the National Security Agency.
(e) Definition.--In this section, the term ``cyber data
products and services'' means commercially-available datasets
and analytic services germane to offensive cyber, defensive
cyber, and DODIN operations, including products and services
that provide technical data, indicators, and analytic
services relating to the targets, infrastructure, tools, and
tactics, techniques, and procedures of cyber threats.
SEC. 1522. LEGACY INFORMATION TECHNOLOGIES AND SYSTEMS
ACCOUNTABILITY.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretaries of the Army, Navy,
and Air Force shall each initiate efforts to identify legacy
applications, software, and information technology within
their respective Departments and eliminate any such
application, software, or information technology that is no
longer required.
(b) Specifications.--To carry out subsection (a), that
Secretaries of the Army, Navy, and Air Force shall each
document the following:
(1) An identification of the applications, software, and
information technologies that are considered active or
operational, but which are judged to no longer be required by
the respective Department.
(2) Information relating to the sources of funding for the
applications, software, and information technologies
identified pursuant to paragraph (1).
(3) An identification of the senior official responsible
for each such application, software, or information
technology.
(4) A plan to discontinue use and funding for each such
application, software, or information technology.
(c) Exemption.--Any effort substantially similar to that
described in subsections (a) and (b) that is being carried
out by the Secretary of the Army, Navy, or Air Force as of
the date of the enactment of this Act and completed not later
180 days after such date shall be treated as satisfying the
requirements under such subsections.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretaries of the Army, Navy, and
Air Force shall each submit to the congressional defense
committees the documentation required under subsection (b).
SEC. 1523. UPDATE RELATING TO RESPONSIBILITIES OF CHIEF
INFORMATION OFFICER.
Paragraph (1) of section 142(b) of title 10, United States
Code, is amended--
(1) in subparagraphs (A), (B), and (C), by striking
``(other than with respect to business management)'' each
place it appears; and
(2) by amending subparagraph (D) to read as follows:
``(D) exercises authority, direction, and control over the
Activities of the Cybersecurity Directorate, or any successor
organization, of the National Security Agency, funded through
the Information Systems Security Program;''.
SEC. 1524. PROTECTIVE DOMAIN NAME SYSTEM WITHIN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
ensure each component of the Department of Defense uses a
Protective Domain Name System (PDNS) instantiation offered by
the Department.
(b) Exemptions.--The Secretary of Defense may exempt a
component of the Department from using a PDNS instantiation
for any reason except with respect to cost or technical
application.
(c) Report to Congress.--Not later than 150 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes information relating to--
(1) each component of the Department of Defense that uses a
PDNS instantiation offered by the Department;
(2) each component exempt from using a PDNS instantiation
pursuant to subsection (b); and
(3) efforts to ensure that each PDNS instantiation offered
by the Department connects and shares relevant and timely
data.
SEC. 1525. CYBERSECURITY OF WEAPON SYSTEMS.
Section 1640 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2224 note), is
amended by adding at the end the following new subsection:
``(f) Annual Reports.--Not later than August 30, 2022, and
annually thereafter through 2024, the Secretary of Defense
shall provide to the congressional defense committees a
report on the work of the Program, including information
relating to staffing and accomplishments.''.
[[Page H7071]]
SEC. 1526. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMATION
PROGRAM.
Section 1648 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2224 note), is
amended--
(1) in subsection (a), by striking ``February 1, 2020'' and
inserting ``180 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2022'';
and
(2) in subsection (b), by amending paragraph (4) to read as
follows:
``(4) Definitions for `Controlled Unclassified Information'
(CUI) and `For Official Use Only' (FOUO), policies regarding
protecting information designated as either of such, and an
explanation of the `DoD CUI Program' and Department of
Defense compliance with the responsibilities specified in
Department of Defense Instruction (DoDI) 5200.48, `Controlled
Unclassified Information (CUI),' including the following:
``(A) The extent to which the Department of Defense is
identifying whether information is CUI via a contracting
vehicle and marking documents, material, and media containing
such information in a clear and consistent manner.
``(B) Recommended regulatory or policy changes to ensure
consistency and clarity in CUI identification and marking
requirements.
``(C) Circumstances under which commercial information is
considered CUI, and any impacts to the commercial supply
chain associated with security and marking requirements
pursuant to this paragraph.
``(D) Benefits and drawbacks of requiring all CUI to be
marked with a unique CUI legend, versus requiring that all
data marked with an appropriate restricted legend be handled
as CUI.
``(E) The extent to which the Department of Defense clearly
delineates Federal Contract Information (FCI) from CUI.
``(F) Examples or scenarios to illustrate information that
is and is not CUI.''.
SEC. 1527. CYBER DATA MANAGEMENT.
(a) In General.--The Commander of United States Cyber
Command and the Secretaries of the military departments, in
coordination with the Principal Cyber Advisor to the
Secretary, the Chief Information Officer and the Chief Data
Officer of the Department of Defense, and the Chairman of the
Joint Chiefs of Staff, shall--
(1) access, acquire, and use mission-relevant data to
support offensive cyber, defensive cyber, and DODIN
operations from the intelligence community, other elements of
the Department of Defense, and the private sector;
(2) develop policy, processes, and operating procedures
governing the access, ingest, structure, storage, analysis,
and combination of mission-relevant data, including--
(A) intelligence data;
(B) internet traffic, topology, and activity data;
(C) cyber threat information;
(D) Department of Defense Information Network sensor, tool,
routing infrastructure, and endpoint data; and
(E) other data management and analytic platforms pertinent
to United States Cyber Command missions that align with the
principles of Joint All Domain Command and Control;
(3) pilot efforts to develop operational workflows and
tactics, techniques, and procedures for the operational use
of mission-relevant data by the Cyberspace Operations Forces;
and
(4) evaluate data management platforms used to carry out
paragraphs (1), (2), and (3) to ensure such platforms operate
consistently with the Deputy Secretary of Defense's Data
Decrees signed on May 5, 2021.
(b) Roles and Responsibilities.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Commander of United States
Cyber Command and the Secretaries of the military
departments, in coordination with the Principal Cyber Advisor
to the Secretary, the Chief Information Officer and Chief
Data Officer of the Department of Defense, and the Chairman
of the Joint Chiefs of Staff, shall establish the specific
roles and responsibilities of the following in implementing
each of the tasks required under subsection (a):
(A) United States Cyber Command.
(B) Program offices responsible for the components of the
Joint Cyber Warfighting Architecture.
(C) The military services.
(D) Entities in the Office of the Secretary of Defense.
(E) Any other program office, headquarters element, or
operational component newly instantiated or determined
relevant by the Secretary.
(2) Briefing.--Not later than 300 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the roles and responsibilities established under paragraph
(1).
SEC. 1528. ZERO TRUST STRATEGY, PRINCIPLES, MODEL
ARCHITECTURE, AND IMPLEMENTATION PLANS.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Chief Information Officer of
the Department of Defense and the Commander of United States
Cyber Command shall jointly develop a zero trust strategy,
principles, and a model architecture to be implemented across
the Department of Defense Information Network, including
classified networks, operational technology, and weapon
systems.
(b) Strategy, Principles, and Model Architecture
Elements.--The zero trust strategy, principles, and model
architecture required under subsection (a) shall include, at
a minimum, the following elements:
(1) Prioritized policies and procedures for establishing
implementations of mature zero trust enabling capabilities
within on-premises, hybrid, and pure cloud environments,
including access control policies that determine which
persona or device shall have access to which resources and
the following:
(A) Identity, credential, and access management.
(B) Macro and micro network segmentation, whether in
virtual, logical, or physical environments.
(C) Traffic inspection.
(D) Application security and containment.
(E) Transmission, ingest, storage, and real-time analysis
of cybersecurity metadata endpoints, networks, and storage
devices.
(F) Data management, data rights management, and access
controls.
(G) End-to-end encryption.
(H) User access and behavioral monitoring, logging, and
analysis.
(I) Data loss detection and prevention methodologies.
(J) Least privilege, including system or network
administrator privileges.
(K) Endpoint cybersecurity, including secure host, endpoint
detection and response, and comply-to-connect requirements.
(L) Automation and orchestration.
(M) Configuration management of virtual machines, devices,
servers, routers, and similar to be maintained on a single
virtual device approved list (VDL).
(2) Policies specific to operational technology, critical
data, infrastructures, weapon systems, and classified
networks.
(3) Specification of enterprise-wide acquisitions of
capabilities conducted or to be conducted pursuant to the
policies referred to in paragraph (2).
(4) Specification of standard zero trust principles
supporting reference architectures and metrics-based
assessment plan.
(5) Roles, responsibilities, functions, and operational
workflows of zero trust cybersecurity architecture and
information technology personnel--
(A) at combatant commands, military services, and defense
agencies; and
(B) Joint Forces Headquarters-Department of Defense
Information Network.
(c) Architecture Development and Implementation.--In
developing and implementing the zero trust strategy,
principles, and model architecture required under subsection
(a), the Chief Information Officer of the Department of
Defense and the Commander of United States Cyber Command
shall--
(1) coordinate with--
(A) the Principal Cyber Advisor to the Secretary of
Defense;
(B) the Director of the National Security Agency
Cybersecurity Directorate;
(C) the Director of the Defense Advanced Research Projects
Agency;
(D) the Chief Information Officer of each military service;
(E) the Commanders of the cyber components of the military
services;
(F) the Principal Cyber Advisor of each military service;
(G) the Chairman of the Joints Chiefs of Staff; and
(H) any other component of the Department of Defense as
determined by the Chief Information Officer and the
Commander;
(2) assess the utility of the Joint Regional Security
Stacks, automated continuous endpoint monitoring program,
assured compliance assessment solution, and each of the
defenses at the Internet Access Points for their relevance
and applicability to the zero trust architecture and
opportunities for integration or divestment;
(3) employ all available resources, including online
training, leveraging commercially available zero trust
training material, and other Federal agency training, where
feasible, to implement cybersecurity training on zero trust
at the--
(A) executive level;
(B) cybersecurity professional or implementer level; and
(C) general knowledge levels for Department of Defense
users;
(4) facilitate cyber protection team and cybersecurity
service provider threat hunting and discovery of novel
adversary activity;
(5) assess and implement means to effect Joint Force
Headquarters-Department of Defense Information Network's
automated command and control of the entire Department of
Defense Information Network;
(6) assess the potential of and, as appropriate, encourage,
use of third-party cybersecurity-as-a-service models;
(7) engage with and conduct outreach to industry, academia,
international partners, and other departments and agencies of
the Federal Government on issues relating to deployment of
zero trust architectures;
(8) assess the current Comply-to-Connect Plan; and
(9) review past and conduct additional pilots to guide
development, including--
(A) utilization of networks designated for testing and
accreditation under section 1658 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2224 note);
(B) use of automated red team products for assessment of
pilot architectures; and
(C) accreditation of piloted cybersecurity products for
enterprise use in accordance with the findings on enterprise
accreditation standards conducted pursuant to section 1654 of
such Act (Public Law 116-92).
(d) Implementation Plans.--
(1) In general.--Not later than one year after the
finalization of the zero trust strategy, principles, and
model architecture required under subsection (a), the head of
each military department and the head of each component of
the Department of Defense shall transmit to the Chief
Information Officer of the Department and the Commander of
Joint Forces Headquarters-Department of Defense Information
Network a
[[Page H7072]]
draft plan to implement such zero trust strategy, principles,
and model architecture across the networks of their
respective components and military departments.
(2) Elements.--Each implementation plan transmitted
pursuant to paragraph (1) shall include, at a minimum, the
following:
(A) Specific acquisitions, implementations,
instrumentations, and operational workflows to be implemented
across unclassified and classified networks, operational
technology, and weapon systems.
(B) A detailed schedule with target milestones and required
expenditures.
(C) Interim and final metrics, including a phase migration
plan.
(D) Identification of additional funding, authorities, and
policies, as may be required.
(E) Requested waivers, exceptions to Department of Defense
policy, and expected delays.
(e) Implementation Oversight.--
(1) In general.--The Chief Information Officer of the
Department of Defense shall--
(A) assess the implementation plans transmitted pursuant to
subsection (d)(1) for--
(i) adequacy and responsiveness to the zero trust strategy,
principles, and model architecture required under subsection
(a); and
(ii) appropriate use of enterprise-wide acquisitions;
(B) ensure, at a high level, the interoperability and
compatibility of individual components' Solutions
Architectures, including the leveraging of enterprise
capabilities where appropriate through standards derivation,
policy, and reviews;
(C) use the annual investment guidance of the Chief to
ensure appropriate implementation of such plans, including
appropriate use of enterprise-wide acquisitions;
(D) track use of waivers and exceptions to policy;
(E) use the Cybersecurity Scorecard to track and drive
implementation of Department components; and
(F) leverage the authorities of the Commander of Joint
Forces Headquarters-Department of Defense Information Network
and the Director of the Defense Information Systems Agency to
begin implementation of such zero trust strategy, principles,
and model architecture.
(2) Assessments of funding.--Not later than March 31, 2024,
and annually thereafter, each Principal Cyber Advisor of a
military service shall include in the annual budget
certification of such military service, as required by
section 1657(d) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note), an
assessment of the adequacy of funding requested for each
proposed budget for the purposes of carrying out the
implementation plan for such military service under
subsection (d)(1).
(f) Initial Briefings.--
(1) On model architecture.--Not later than 90 days after
finalizing the zero trust strategy, principles, and model
architecture required under subsection (a), the Chief
Information Officer of the Department of Defense and the
Commander of Joint Forces Headquarters-Department of Defense
Information Network shall provide to the congressional
defense committees a briefing on such zero trust strategy,
principles, and model architecture.
(2) On implementation plans.--Not later than 90 days after
the receipt by the Chief Information Officer of the
Department of Defense of an implementation plan transmitted
pursuant to subsection (d)(1), the secretary of a military
department, in the case of an implementation plan pertaining
to a military department or a military service, or the Chief
Information Officer of the Department, in the case of an
implementation plan pertaining to a remaining component of
the Department, as the case may be, shall provide to the
congressional defense committees a briefing on such
implementation plan.
(g) Annual Briefings.--Effective February 1, 2022, at each
of the annual cybersecurity budget review briefings of the
Chief Information Officer of the Department of Defense and
the military services for congressional staff, until January
1, 2030, the Chief Information Officer and the head of each
of the military services shall provide updates on the
implementation in their respective networks of the zero trust
strategy, principles, and model architecture.
SEC. 1529. DEMONSTRATION PROGRAM FOR AUTOMATED SECURITY
VALIDATION TOOLS.
(a) Demonstration Program Required.--Not later than October
1, 2024, the Chief Information Officer of the Department of
Defense, acting through the Director of the Defense
Information Systems Agency of the Department, shall complete
a demonstration program to demonstrate and assess an
automated security validation capability to assist the
Department by--
(1) mitigating cyber hygiene challenges;
(2) supporting ongoing efforts of the Department to assess
weapon systems resiliency;
(3) quantifying enterprise security effectiveness of
enterprise security controls, to inform future acquisition
decisions of the Department;
(4) assisting portfolio managers with balancing capability
costs and capability coverage of the threat landscape; and
(5) supporting the Department's Cybersecurity Analysis and
Review threat framework.
(b) Considerations.--In developing capabilities for the
demonstration program required under subsection (a), the
Chief Information Officer shall consider--
(1) integration into automated security validation tools of
advanced commercially available threat intelligence;
(2) metrics and scoring of security controls;
(3) cyber analysis, cyber campaign tracking, and
cybersecurity information sharing;
(4) integration into cybersecurity enclaves and existing
cybersecurity controls of security instrumentation and
testing capability;
(5) endpoint sandboxing; and
(6) use of actual adversary attack methodologies.
(c) Coordination With Military Services.--In carrying out
the demonstration program required under subsection (a), the
Chief Information Officer, acting through the Director of the
Defense Information Systems Agency, shall coordinate
demonstration program activities with complementary efforts
on-going within the military services, defense agencies, and
field agencies.
(d) Independent Capability Assessment.--In carrying out the
demonstration program required under subsection (a), the
Chief Information Officer, acting through the Director of the
Defense Information Systems Agency and in coordination with
the Director, Operational Test and Evaluation, shall perform
operational testing to evaluate the operational
effectiveness, suitability, and cybersecurity of the
capabilities developed under the demonstration program.
(e) Briefing.--
(1) Initial briefing.--Not later than April 1, 2022, the
Chief Information Officer shall brief the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on the plans and status of the
Chief Information Officer with respect to the demonstration
program required under subsection (a).
(2) Final briefing.--Not later than October 31, 2024, the
Chief Information Officer shall brief the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on the results and findings of
the Chief Information Officer with respect to the
demonstration program required under subsection (a).
SEC. 1530. IMPROVEMENTS TO CONSORTIUM OF UNIVERSITIES TO
ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY
MATTERS.
Section 1659 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``one or more consortia'' and inserting ``a consortium''; and
(B) in paragraph (1), by striking ``or consortia'';
(2) in subsection (b), by striking ``or consortia'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Designation of administrative chair.--The Secretary
of Defense shall designate the National Defense University
College of Information and Cyberspace to function as the
administrative chair of the consortium established pursuant
to subsection (a).'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(D) in paragraph (2), as so redesignated--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``Each administrative'' and inserting ``The
administrative''; and
(II) by striking ``a consortium'' and inserting ``the
consortium''; and
(ii) in subparagraph (A), by striking ``for the term
specified by the Secretary under paragraph (1)''; and
(E) by amending paragraph (3), as so redesignated, to read
as follows:
``(3) Executive committee.--The Secretary, in consultation
with the administrative chair, may form an executive
committee for the consortium that is comprised of
representatives of the Federal Government to assist the chair
with the management and functions of the consortium.''; and
(4) by amending subsection (d) to read as follows:
``(d) Consultation.--The Secretary shall meet with such
members of the consortium as the Secretary considers
appropriate, not less frequently than twice each year or at
such periodicity as is agreed to by the Secretary and the
consortium.''.
SEC. 1531. DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND
WORKING GROUP.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense,
acting through the working group established under subsection
(d)(1), shall develop a plan for the establishment of a
modern information technology infrastructure that supports
state of the art tools and modern processes to enable
effective and efficient development, testing, fielding, and
continuous updating of artificial intelligence-capabilities.
(b) Contents of Plan.--The plan developed pursuant to
subsection (a) shall include at a minimum the following:
(1) A technical plan and guidance for necessary technical
investments in the infrastructure described in subsection (a)
that address critical technical issues, including issues
relating to common interfaces, authentication, applications,
platforms, software, hardware, and data infrastructure.
(2) A governance structure, together with associated
policies and guidance, to support the implementation
throughout the Department of such plan.
(3) Identification and minimum viable instantiations of
prototypical development and platform environments with such
infrastructure, including enterprise data sets assembled
under subsection (e).
(c) Harmonization With Departmental Efforts.--The plan
developed pursuant to subsection (a) shall include a
description of the aggregated and consolidated financial and
personnel requirements necessary to implement each of the
following Department of Defense documents:
(1) The Department of Defense Digital Modernization
Strategy.
(2) The Department of Defense Data Strategy.
[[Page H7073]]
(3) The Department of Defense Cloud Strategy.
(4) The Department of Defense Software Modernization
Strategy.
(5) The Department-wide software science and technology
strategy required under section 255 of the National Defense
Authorization Act for Fiscal Year 2020 (10 U.S.C. 2223a
note).
(6) The Department of Defense Artificial Intelligence Data
Initiative.
(7) The Joint All-Domain Command and Control Strategy.
(8) Such other documents as the Secretary determines
appropriate.
(d) 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 on digital development
infrastructure implementation to develop the plan required
under subsection (a).
(2) Membership.--The working group established under
paragraph (1) shall be composed of individuals selected by
the Secretary of Defense to represent each of the following:
(A) The Office of Chief Data Officer (CDO).
(B) The Component Offices of Chief Information Officer and
Chief Digital Officer.
(C) The Joint Artificial Intelligence Center (JAIC).
(D) The Office of the Under Secretary of Defense for
Research & Engineering (OUSD (R&E)).
(E) The Office of the Under Secretary of Defense for
Acquisition & Sustainment (OUSD (A&S)).
(F) The Office of the Under Secretary of Defense for
Intelligence & Security (OUSD (I&S)).
(G) Service Acquisition Executives.
(H) The Office of the Director of Operational Test and
Evaluation (DOT&E).
(I) The office of the Director of the Defense Advanced
Research Projects Agency (DARPA).
(J) Digital development infrastructure programs, including
the appropriate activities of the military services and
defense agencies.
(K) Such other officials of the Department of Defense as
the Secretary determines appropriate.
(3) Chairperson.--The chairperson of the working group
established under paragraph (1) shall be the Chief
Information Officer of the Department of Defense, or such
other official as the Secretary of Defense considers
appropriate.
(4) Consultation.--The working group shall consult with
such experts outside of the Department of Defense as the
working group considers necessary to develop the plan
required under subsection (a).
(e) Strategic Data Node.--To enable efficient access to
enterprise data sets referred to in subsection (b)(3) for
users with authorized access, the Secretary of Defense shall
assemble such enterprise data sets in the following areas:
(1) Human resources.
(2) Budget and finance.
(3) Acquisition.
(4) Logistics.
(5) Real estate.
(6) Health care.
(7) Such other areas as the Secretary considers
appropriate.
(f) 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
status of the development of the plan required under
subsection (a).
SEC. 1532. STUDY REGARDING ESTABLISHMENT WITHIN THE
DEPARTMENT OF DEFENSE OF A DESIGNATED CENTRAL
PROGRAM OFFICE TO OVERSEE ACADEMIC ENGAGEMENT
PROGRAMS RELATING TO ESTABLISHING CYBER TALENT
ACROSS THE DEPARTMENT.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a study
regarding the need, feasibility, and advisability of
establishing within the Department of Defense a designated
central program office responsible for overseeing covered
academic engagement programs across the Department. Such
study shall examine the following:
(1) Whether the Department's cyber-focused academic
engagement needs more coherence, additional coordination, or
improved management, and whether a designated central program
office would provide such benefits.
(2) How such a designated central program office would
coordinate and harmonize Department programs relating to
covered academic engagement programs.
(3) Metrics such office would use to measure the
effectiveness of covered academic engagement programs.
(4) Whether such an office is necessary to serve as an
identifiable entry point to the Department by the academic
community.
(5) Whether the cyber discipline with respect to academic
engagement should be treated separately from other STEM
fields.
(6) How such an office would interact with the consortium
universities (established pursuant to section 1659 of the
National Defense Authorization Act for Fiscal Year 2020 (10
U.S.C. 391 note)) to assist the Secretary on cybersecurity
matters.
(7) Whether the establishment of such an office would have
an estimated net savings for the Department.
(b) Consultation.--In conducting the study required under
subsection (a), the Secretary of Defense shall consult with
and solicit recommendations from academic institutions and
stakeholders, including primary, secondary, and post-
secondary educational institutions.
(c) Determination.--
(1) In general.--Upon completion of the study required
under subsection (a), the Secretary of Defense shall make a
determination regarding the establishment within the
Department of Defense of a designated central program office
responsible for overseeing covered academic engagement
programs across the Department.
(2) Implementation.--If the Secretary of Defense makes an
affirmative determination in accordance with paragraph (1),
the Secretary shall establish within the Department of
Defense a designated central program office responsible for
overseeing covered academic programs across the Department.
Not later than 180 days after such a determination, the
Secretary shall promulgate such rules and regulations as are
necessary to so establish such an office.
(3) Negative determination.--If the Secretary of Defense
makes a negative determination in accordance with paragraph
(1), the Secretary shall submit to the congressional defense
committees notice of such determination, together with a
justification for such determination. Such justification
shall include--
(A) how the Secretary intends to coordinate and harmonize
covered academic engagement programs; and
(B) measures to determine effectiveness of covered academic
engagement programs absent a designated central program
office responsible for overseeing covered academic programs
across the Department.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that updates
the matters required for inclusion in the reports required
pursuant to section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
and section 1726(c) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(e) Definition.--In this section, the term ``covered
academic engagement program'' means each of the following:
(1) Primary, secondary, or post-secondary education
programs with a cyber focus.
(2) Recruitment or retention programs for Department of
Defense cyberspace personnel, including scholarship programs.
(3) Academic partnerships focused on establishing cyber
talent.
(4) Cyber enrichment programs.
SEC. 1533. REPORT ON THE CYBERSECURITY MATURITY MODEL
CERTIFICATION PROGRAM.
(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 Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the plans and recommendations of
the Secretary for the Cyber Maturity Model Certification
program.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) The programmatic changes required in the Cyber Maturity
Model Certification program to address the plans and
recommendations of the Secretary of Defense referred to in
such subsection.
(2) The strategy of the Secretary for rulemaking for such
program and the process for the Cybersecurity Maturity Model
Certification rule.
(3) The budget and resources required to support such
program.
(4) A plan for communication and coordination with the
defense industrial base regarding such program.
(5) The coordination needed within the Department of
Defense and between Federal agencies for such program.
(6) The applicability of such program requirements to
universities and academic partners of the Department.
(7) A plan for communication and coordination with such
universities and academic partners regarding such program.
(8) Plans and explicit public announcement of processes for
reimbursement of cybersecurity compliance expenses for small
and non-traditional businesses in the defense industrial
base.
(9) Plans for ensuring that persons seeking a Department
contract for the first time are not required to expend funds
to acquire cybersecurity capabilities and a certification
required to perform under a contract as a precondition for
bidding on such a contract without reimbursement in the event
that such persons do not receive a contract award.
(10) Clarification of roles and responsibilities of prime
contractors for assisting and managing cybersecurity
performance of subcontractors.
(11) Such additional matters as the Secretary considers
appropriate.
SEC. 1534. DEADLINE FOR REPORTS ON ASSESSMENT OF CYBER
RESILIENCY OF NUCLEAR COMMAND AND CONTROL
SYSTEM.
Subsection (c) of section 499 of title 10, United States
Code, is amended--
(1) in the heading, by striking ``Report'' and inserting
``Reports'';
(2) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking ``The Commanders'' and inserting ``For each
assessment conducted under subsection (a), the Commanders'';
and
(B) by striking ``the assessment required by subsection
(a)'' and inserting ``the assessment'';
(3) in paragraph (2), by striking ``the report'' and
inserting ``each report''; and
(4) in paragraph (3)--
(A) by striking ``The Secretary'' and inserting ``Not later
than 90 days after the date of the submission of a report
under paragraph (1), the Secretary''; and
(B) by striking ``required by paragraph (1)''.
[[Page H7074]]
Subtitle C--Matters Related to Federal Cybersecurity
SEC. 1541. CAPABILITIES OF THE CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY TO IDENTIFY
THREATS TO INDUSTRIAL CONTROL SYSTEMS.
(a) In General.--Section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) is amended--
(1) in subsection (e)(1)--
(A) in subparagraph (G), by striking ``and;'' after the
semicolon;
(B) in subparagraph (H), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(I) activities of the Center address the security of both
information technology and operational technology, including
industrial control systems;''; and
(2) by adding at the end the following new subsection:
``(q) Industrial Control Systems.--The Director shall
maintain capabilities to identify and address threats and
vulnerabilities to products and technologies intended for use
in the automated control of critical infrastructure
processes. In carrying out this subsection, the Director
shall--
``(1) lead Federal Government efforts, in consultation with
Sector Risk Management Agencies, as appropriate, to identify
and mitigate cybersecurity threats to industrial control
systems, including supervisory control and data acquisition
systems;
``(2) maintain threat hunting and incident response
capabilities to respond to industrial control system
cybersecurity risks and incidents;
``(3) provide cybersecurity technical assistance to
industry end-users, product manufacturers, Sector Risk
Management Agencies, other Federal agencies, and other
industrial control system stakeholders to identify, evaluate,
assess, and mitigate vulnerabilities;
``(4) collect, coordinate, and provide vulnerability
information to the industrial control systems community by,
as appropriate, working closely with security researchers,
industry end-users, product manufacturers, Sector Risk
Management Agencies, other Federal agencies, and other
industrial control systems stakeholders; and
``(5) conduct such other efforts and assistance as the
Secretary determines appropriate.''.
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act and every six months
thereafter during the subsequent 4-year period, the Director
of the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security shall provide to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a briefing on the
industrial control systems capabilities of the Agency under
section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659), as amended by subsection (a).
(c) GAO Review.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall review implementation of the requirements
of subsections (e)(1)(I) and (p) of section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659), as amended by
subsection (a), and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that includes findings and recommendations relating to
such implementation. Such report shall include information on
the following:
(1) Any interagency coordination challenges to the ability
of the Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security to
lead Federal efforts to identify and mitigate cybersecurity
threats to industrial control systems pursuant to subsection
(p)(1) of such section.
(2) The degree to which the Agency has adequate capacity,
expertise, and resources to carry out threat hunting and
incident response capabilities to mitigate cybersecurity
threats to industrial control systems pursuant to subsection
(p)(2) of such section, as well as additional resources that
would be needed to close any operational gaps in such
capabilities.
(3) The extent to which industrial control system
stakeholders sought cybersecurity technical assistance from
the Agency pursuant to subsection (p)(3) of such section, and
the utility and effectiveness of such technical assistance.
(4) The degree to which the Agency works with security
researchers and other industrial control systems
stakeholders, pursuant to subsection (p)(4) of such section,
to provide vulnerability information to the industrial
control systems community.
SEC. 1542. CYBERSECURITY VULNERABILITIES.
Section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) the term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501);''.
(2) in subsection (c)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) sharing mitigation protocols to counter cybersecurity
vulnerabilities pursuant to subsection (n), as appropriate;
and''; and
(iv) in subparagraph (C), as so redesignated, by inserting
``and mitigation protocols to counter cybersecurity
vulnerabilities in accordance with subparagraph (B), as
appropriate,'' before ``with Federal'';
(B) in paragraph (7)(C), by striking ``sharing'' and
inserting ``share''; and
(C) in paragraph (9), by inserting ``mitigation protocols
to counter cybersecurity vulnerabilities, as appropriate,''
after ``measures,'';
(3) by redesignating subsection (o) as subsection (p); and
(4) by inserting after subsection (n) following new
subsection:
``(o) Protocols to Counter Certain Cybersecurity
Vulnerabilities.--The Director may, as appropriate, identify,
develop, and disseminate actionable protocols to mitigate
cybersecurity vulnerabilities to information systems and
industrial control systems, including in circumstances in
which such vulnerabilities exist because software or hardware
is no longer supported by a vendor.''.
SEC. 1543. REPORT ON CYBERSECURITY VULNERABILITIES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
how the Agency carries out subsection (n) of section 2209 of
the Homeland Security Act of 2002 to coordinate vulnerability
disclosures, including disclosures of cybersecurity
vulnerabilities (as such term is defined in such section),
and subsection (o) of such section to disseminate actionable
protocols to mitigate cybersecurity vulnerabilities to
information systems and industrial control systems, that
include the following:
(1) A description of the policies and procedures relating
to the coordination of vulnerability disclosures.
(2) A description of the levels of activity in furtherance
of such subsections (n) and (o) of such section 2209.
(3) Any plans to make further improvements to how
information provided pursuant to such subsections can be
shared (as such term is defined in such section 2209) between
the Department and industry and other stakeholders.
(4) Any available information on the degree to which such
information was acted upon by industry and other
stakeholders.
(5) A description of how privacy and civil liberties are
preserved in the collection, retention, use, and sharing of
vulnerability disclosures.
(b) Form.--The report required under subsection (b) shall
be submitted in unclassified form but may contain a
classified annex.
SEC. 1544. COMPETITION RELATING TO CYBERSECURITY
VULNERABILITIES.
The Under Secretary for Science and Technology of the
Department of Homeland Security, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department, may establish an incentive-based
program that allows industry, individuals, academia, and
others to compete in identifying remediation solutions for
cybersecurity vulnerabilities (as such term is defined in
section 2209 of the Homeland Security Act of 2002) to
information systems (as such term is defined in such section
2209) and industrial control systems, including supervisory
control and data acquisition systems.
SEC. 1545. STRATEGY.
Section 2210 of the Homeland Security Act of 2002 (6 U.S.C.
660) is amended by adding at the end the following new
subsection:
``(e) Homeland Security Strategy to Improve the
Cybersecurity of State, Local, Tribal, and Territorial
Governments.--
``(1) In general.--
``(A) Requirement.--Not later than one year after the date
of the enactment of this subsection, the Secretary, acting
through the Director, shall, in coordination with the heads
of appropriate Federal agencies, State, local, Tribal, and
territorial governments, and other stakeholders, as
appropriate, develop and make publicly available a Homeland
Security Strategy to Improve the Cybersecurity of State,
Local, Tribal, and Territorial Governments.
``(B) Recommendations and requirements.--The strategy
required under subparagraph (A) shall provide recommendations
relating to the ways in which the Federal Government should
support and promote the ability of State, local, Tribal, and
territorial governments to identify, mitigate against,
protect against, detect, respond to, and recover from
cybersecurity risks (as such term is defined in section
2209), cybersecurity threats, and incidents (as such term is
defined in section 2209).
``(2) Contents.--The strategy required under paragraph (1)
shall--
``(A) identify capability gaps in the ability of State,
local, Tribal, and territorial governments to identify,
protect against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats, incidents, and
ransomware incidents;
``(B) identify Federal resources and capabilities that are
available or could be made available to State, local, Tribal,
and territorial governments to help those governments
identify, protect against, detect, respond to, and recover
from cybersecurity risks, cybersecurity threats, incidents,
and ransomware incidents;
``(C) identify and assess the limitations of Federal
resources and capabilities available to State, local, Tribal,
and territorial governments to help those governments
identify, protect against, detect, respond to, and recover
from cybersecurity risks, cybersecurity threats, incidents,
and ransomware incidents and make recommendations to address
such limitations;
[[Page H7075]]
``(D) identify opportunities to improve the coordination of
the Agency with Federal and non-Federal entities, such as the
Multi-State Information Sharing and Analysis Center, to
improve--
``(i) incident exercises, information sharing and incident
notification procedures;
``(ii) the ability for State, local, Tribal, and
territorial governments to voluntarily adapt and implement
guidance in Federal binding operational directives; and
``(iii) opportunities to leverage Federal schedules for
cybersecurity investments under section 502 of title 40,
United States Code;
``(E) recommend new initiatives the Federal Government
should undertake to improve the ability of State, local,
Tribal, and territorial governments to identify, protect
against, detect, respond to, and recover from cybersecurity
risks, cybersecurity threats, incidents, and ransomware
incidents;
``(F) set short-term and long-term goals that will improve
the ability of State, local, Tribal, and territorial
governments to identify, protect against, detect, respond to,
and recover from cybersecurity risks, cybersecurity threats,
incidents, and ransomware incidents; and
``(G) set dates, including interim benchmarks, as
appropriate for State, local, Tribal, and territorial
governments to establish baseline capabilities to identify,
protect against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats, incidents, and
ransomware incidents.
``(3) Considerations.--In developing the strategy required
under paragraph (1), the Director, in coordination with the
heads of appropriate Federal agencies, State, local, Tribal,
and territorial governments, and other stakeholders, as
appropriate, shall consider--
``(A) lessons learned from incidents that have affected
State, local, Tribal, and territorial governments, and
exercises with Federal and non-Federal entities;
``(B) the impact of incidents that have affected State,
local, Tribal, and territorial governments, including the
resulting costs to such governments;
``(C) the information related to the interest and ability
of state and non-state threat actors to compromise
information systems (as such term is defined in section 102
of the Cybersecurity Act of 2015 (6 U.S.C. 1501)) owned or
operated by State, local, Tribal, and territorial
governments; and
``(D) emerging cybersecurity risks and cybersecurity
threats to State, local, Tribal, and territorial governments
resulting from the deployment of new technologies.
``(4) Exemption.--Chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'), shall
not apply to any action to implement this subsection.''.
SEC. 1546. CYBER INCIDENT RESPONSE PLAN.
Subsection (c) of section 2210 of the Homeland Security Act
of 2002 (6 U.S.C. 660) is amended--
(1) by striking ``regularly update'' and inserting ``update
not less often than biennially''; and
(2) by adding at the end the following new sentence: ``The
Director, in consultation with relevant Sector Risk
Management Agencies and the National Cyber Director, shall
develop mechanisms to engage with stakeholders to educate
such stakeholders regarding Federal Government cybersecurity
roles and responsibilities for cyber incident response.''.
SEC. 1547. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220B. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency the
National Cyber Exercise Program (referred to in this section
as the `Exercise Program') to evaluate the National Cyber
Incident Response Plan, and other related plans and
strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall be--
``(i) based on current risk assessments, including credible
threats, vulnerabilities, and consequences;
``(ii) designed, to the extent practicable, to simulate the
partial or complete incapacitation of a government or
critical infrastructure network resulting from a cyber
incident;
``(iii) designed to provide for the systematic evaluation
of cyber readiness and enhance operational understanding of
the cyber incident response system and relevant information
sharing agreements; and
``(iv) designed to promptly develop after-action reports
and plans that can quickly incorporate lessons learned into
future operations.
``(B) Model exercise selection.--The Exercise Program
shall--
``(i) include a selection of model exercises that
government and private entities can readily adapt for use;
and
``(ii) aid such governments and private entities with the
design, implementation, and evaluation of exercises that--
``(I) conform to the requirements described in subparagraph
(A);
``(II) are consistent with any applicable national, State,
local, or Tribal strategy or plan; and
``(III) provide for systematic evaluation of readiness.
``(3) Consultation.--In carrying out the Exercise Program,
the Director may consult with appropriate representatives
from Sector Risk Management Agencies, the Office of the
National Cyber Director, cybersecurity research stakeholders,
and Sector Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.
``(2) Private entity.--The term `private entity' has the
meaning given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).
``(c) Rule of Construction.--Nothing in this section shall
be construed to affect the authorities or responsibilities of
the Administrator of the Federal Emergency Management Agency
pursuant to section 648 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748).''.
(b) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(i) in section 2202(c) (6 U.S.C. 652(c))--
(I) in paragraph (11), by striking ``and'' after the
semicolon;
(II) in the first paragraph (12) (relating to appointment
of a Cybersecurity State Coordinator) by striking ``as
described in section 2215; and'' and inserting ``as described
in section 2217;'';
(III) by redesignating the second paragraph (12) (relating
to the .gov internet domain) as paragraph (13); and
(IV) by redesignating the third paragraph (12) (relating to
carrying out such other duties and responsibilities) as
paragraph (14);
(ii) in the first section 2215 (6 U.S.C. 665; relating to
the duties and authorities relating to .gov internet domain),
by amending the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(iii) in the second section 2215 (6 U.S.C. 665b; relating
to the joint cyber planning office), by amending the section
enumerator and heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iv) in the third section 2215 (6 U.S.C. 665c; relating to
the Cybersecurity State Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(v) in the fourth section 2215 (6 U.S.C. 665d; relating to
Sector Risk Management Agencies), by amending the section
enumerator and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(vi) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the section
enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.'';
(vii) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by amending
the section enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING
PROGRAMS.''; AND
(viii) in section 2218 (6 U.S.C. 665g; relating to the
State and Local Cybersecurity Grant Program), by amending the
section enumerator and heading to read as follows:
``SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.''.
(B) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is further amended
by striking the items relating to sections 2214 through 2218
and inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. State and Local Cybersecurity Grant Program.
``Sec. 2220B. National cyber exercise program.''.
SEC. 1548. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY.
(a) In General.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is further amended by adding at
the end the following new section:
``SEC. 2220C. CYBERSENTRY PROGRAM.
``(a) Establishment.--There is established in the Agency a
program, to be known as `CyberSentry', to provide continuous
monitoring and detection of cybersecurity risks to critical
infrastructure entities that own or operate industrial
control systems that support national critical functions,
upon request and subject to the consent of such owner or
operator.
``(b) Activities.--The Director, through CyberSentry,
shall--
``(1) enter into strategic partnerships with critical
infrastructure owners and operators that, in the
determination of the Director and subject to the availability
of resources, own or operate regionally or nationally
significant industrial control systems that support national
critical functions, in order to provide technical assistance
in the form of continuous monitoring of industrial control
systems and the information systems that support such systems
and detection of cybersecurity risks to such industrial
control systems and other cybersecurity services,
[[Page H7076]]
as appropriate, based on and subject to the agreement and
consent of such owner or operator;
``(2) leverage sensitive or classified intelligence about
cybersecurity risks regarding particular sectors, particular
adversaries, and trends in tactics, techniques, and
procedures to advise critical infrastructure owners and
operators regarding mitigation measures and share information
as appropriate;
``(3) identify cybersecurity risks in the information
technology and information systems that support industrial
control systems which could be exploited by adversaries
attempting to gain access to such industrial control systems,
and work with owners and operators to remediate such
vulnerabilities;
``(4) produce aggregated, anonymized analytic products,
based on threat hunting and continuous monitoring and
detection activities and partnerships, with findings and
recommendations that can be disseminated to critical
infrastructure owners and operators; and
``(5) support activities authorized in accordance with
section 1501 of the National Defense Authorization Act for
Fiscal Year 2022.
``(c) Privacy Review.--Not later than 180 days after the
date of enactment of this section, the Privacy Officer of the
Agency under section 2202(h) shall--
``(1) review the policies, guidelines, and activities of
CyberSentry for compliance with all applicable privacy laws,
including such laws governing the acquisition, interception,
retention, use, and disclosure of communities; and
``(2) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
certifying compliance with all applicable privacy laws as
referred to in paragraph (1), or identifying any instances of
noncompliance with such privacy laws.
``(d) Report to Congress.--Not later than one year after
the date of the enactment of this section, the Director shall
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a briefing and written
report on implementation of this section.
``(e) Savings.--Nothing in this section may be construed to
permit the Federal Government to gain access to information
of a remote computing service provider to the public or an
electronic service provider to the public, the disclosure of
which is not permitted under section 2702 of title 18, United
States Code.
``(f) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in section 2209(a).
``(2) Industrial control system.--The term `industrial
control system' means an information system used to monitor
and/or control industrial processes such as manufacturing,
product handling, production, and distribution, including
supervisory control and data acquisition (SCADA) systems used
to monitor and/or control geographically dispersed assets,
distributed control systems (DCSs), Human-Machine Interfaces
(HMIs), and programmable logic controllers that control
localized processes.
``(3) Information system.--The term `information system'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(9)).
``(g) Termination.--The authority to carry out a program
under this section shall terminate on the date that is seven
years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is further amended
by adding after the item relating to section 2220B the
following new item:
``Sec. 2220C. CyberSentry program.''.
(c) Continuous Monitoring and Detection.--Section
2209(c)(6) of the Homeland Security Act of 2002 (6 U.S.C.
659) is amended by inserting ``, which may take the form of
continuous monitoring and detection of cybersecurity risks to
critical infrastructure entities that own or operate
industrial control systems that support national critical
functions'' after ``mitigation, and remediation''.
SEC. 1549. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF
INFORMATION SYSTEMS AND CYBERSECURITY THREATS.
(a) Responsibilities of Director.--Section 2202(c)(3) of
the Homeland Security Act of 2002 (6 U.S.C. 652) is amended
by striking the semicolon at the end and adding the
following: ``, including by carrying out a periodic strategic
assessment of the related programs and activities of the
Agency to ensure such programs and activities contemplate the
innovation of information systems and changes in
cybersecurity risks and cybersecurity threats;''
(b) Report.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act and not fewer than once every three
years thereafter, the Director of the Cybersecurity and
Infrastructure Security Agency shall submit to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a strategic assessment for the purposes described
in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) A description of the existing programs and activities
administered in furtherance of section 2202(c)(3) of the
Homeland Security Act of 2002 (6 U.S.C. 652).
(B) An assessment of the capability of existing programs
and activities administered by the Agency in furtherance of
such section to monitor for, manage, mitigate, and defend
against cybersecurity risks and cybersecurity threats.
(C) An assessment of past or anticipated technological
trends or innovation of information systems or information
technology that have the potential to affect the efficacy of
the programs and activities administered by the Agency in
furtherance of such section.
(D) A description of any changes in the practices of the
Federal workforce, such as increased telework, affect the
efficacy of the programs and activities administered by the
Agency in furtherance of section 2202(c)(3).
(E) A plan to integrate innovative security tools,
technologies, protocols, activities, or programs to improve
the programs and activities administered by the Agency in
furtherance of such section.
(F) A description of any research and development
activities necessary to enhance the programs and activities
administered by the Agency in furtherance of such section.
(G) A description of proposed changes to existing programs
and activities administered by the Agency in furtherance of
such section, including corresponding milestones for
implementation.
(H) Information relating to any new resources or
authorities necessary to improve the programs and activities
administered by the Agency in furtherance of such section.
(c) Definitions.--In this section:
(1) The term ``Agency'' means the Cybersecurity and
Infrastructure Security Agency.
(2) The term ``cybersecurity purpose'' has the meaning
given such term in section 102(4) of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501(4)).
(3) The term ``cybersecurity risk'' has the meaning given
such term in section 2209(a)(2) of the Homeland Security Act
of 2002 (U.S.C. 659(a)(2)).
(4) The term ``information system'' has the meaning given
such term in section 3502(8) of title 44, United States Code.
(5) The term ``information technology'' has the meaning
given such term in 3502(9) of title 44, United States Code.
(6) The term ``telework'' has the meaning given the term in
section 6501(3) of title 5, United States Code.
SEC. 1550. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH
INTERNET ECOSYSTEM COMPANIES TO DETECT AND
DISRUPT ADVERSARY CYBER OPERATIONS.
(a) Pilot Required.--Not later than one year after the date
of the enactment of this Act, the Secretary, acting through
the Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security and in
coordination with the Secretary of Defense and the National
Cyber Director, shall commence a pilot program to assess the
feasibility and advisability of entering into public-private
partnerships with internet ecosystem companies to facilitate,
within the bounds of applicable provisions of law and such
companies' terms of service, policies, procedures, contracts,
and other agreements, actions by such companies to discover
and disrupt use by malicious cyber actors of the platforms,
systems, services, and infrastructure of such companies.
(b) Public-private Partnerships.--
(1) In general.--In carrying out the pilot program under
subsection (a), the Secretary shall seek to enter into one or
more public-private partnerships with internet ecosystem
companies.
(2) Voluntary participation.--
(A) In general.--Participation by an internet ecosystem
company in a public-private partnership under the pilot
program, including in any activity described in subsection
(c), shall be voluntary.
(B) Prohibition.--No funds appropriated by any Act may be
used to direct, pressure, coerce, or otherwise require that
any internet ecosystem company take any action on their
platforms, systems, services, or infrastructure as part of
the pilot program.
(c) Authorized Activities.--In carrying out the pilot
program under subsection (a), the Secretary may--
(1) provide assistance to a participating internet
ecosystem company to develop effective know-your-customer
processes and requirements;
(2) provide information, analytics, and technical
assistance to improve the ability of participating companies
to detect and prevent illicit or suspicious procurement,
payment, and account creation on their own platforms,
systems, services, or infrastructure;
(3) develop and socialize best practices for the
collection, retention, and sharing of data by participating
internet ecosystem companies to support discovery of
malicious cyber activity, investigations, and attribution on
the platforms, systems, services, or infrastructure of such
companies;
(4) provide to participating internet ecosystem companies
actionable, timely, and relevant information, such as
information about ongoing operations and infrastructure,
threats, tactics, and procedures, and indicators of
compromise, to enable such companies to detect and disrupt
the use by malicious cyber actors of the platforms, systems,
services, or infrastructure of such companies;
(5) provide recommendations for (but not design, develop,
install, operate, or maintain) operational workflows,
assessment and compliance practices, and training that
participating internet ecosystem companies can implement to
reliably detect and disrupt the use by malicious cyber actors
of the platforms, systems, services, or infrastructure of
such companies;
(6) provide recommendations for accelerating, to the
greatest extent practicable, the automation of existing or
implemented operational workflows to operate at line-rate in
order to enable real-time mitigation without the need for
manual review or action;
[[Page H7077]]
(7) provide recommendations for (but not design, develop,
install, operate, or maintain) technical capabilities to
enable participating internet ecosystem companies to collect
and analyze data on malicious activities occurring on the
platforms, systems, services, or infrastructure of such
companies to detect and disrupt operations of malicious cyber
actors; and
(8) provide recommendations regarding relevant mitigations
for suspected or discovered malicious cyber activity and
thresholds for action.
(d) Competition Concerns.--Consistent with section 1905 of
title 18, United States Code, the Secretary shall ensure that
any trade secret or proprietary information of a
participating internet ecosystem company made known to the
Federal Government pursuant to a public-private partnership
under the pilot program remains private and protected unless
explicitly authorized by such company.
(e) Impartiality.--In carrying out the pilot program under
subsection (a), the Secretary may not take any action that is
intended primarily to advance the particular business
interests of an internet ecosystem company but is authorized
to take actions that advance the interests of the United
States, notwithstanding differential impact or benefit to a
given company's or given companies' business interests.
(f) Responsibilities.--
(1) Secretary of homeland security.--The Secretary shall
exercise primary responsibility for the pilot program under
subsection (a), including organizing and directing authorized
activities with participating Federal Government
organizations and internet ecosystem companies to achieve the
objectives of the pilot program.
(2) National cyber director.--The National Cyber Director
shall support prioritization and cross-agency coordination
for the pilot program, including ensuring appropriate
participation by participating agencies and the
identification and prioritization of key private sector
entities and initiatives for the pilot program.
(3) Secretary of defense.--The Secretary of Defense shall
provide support and resources to the pilot program, including
the provision of technical and operational expertise drawn
from appropriate and relevant officials and components of the
Department of Defense, including the National Security
Agency, United States Cyber Command, the Chief Information
Officer, the Office of the Secretary of Defense, military
department Principal Cyber Advisors, and the Defense Advanced
Research Projects Agency.
(g) Participation of Other Federal Government Components.--
The Secretary may invite to participate in the pilot program
required under subsection (a) the heads of such departments
or agencies as the Secretary considers appropriate.
(h) Integration With Other Efforts.--The Secretary shall
ensure that the pilot program required under subsection (a)
makes use of, builds upon, and, as appropriate, integrates
with and does not duplicate other efforts of the Department
of Homeland Security and the Department of Defense relating
to cybersecurity, including the following:
(1) The Joint Cyber Defense Collaborative of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security.
(2) The Cybersecurity Collaboration Center and Enduring
Security Framework of the National Security Agency.
(i) Rules of Construction.--
(1) Limitation on government access to data.--Nothing in
this section authorizes sharing of information, including
information relating to customers of internet ecosystem
companies or private individuals, from an internet ecosystem
company to an agency, officer, or employee of the Federal
Government unless otherwise authorized by another provision
of law.
(2) Stored communications act.--Nothing in this section may
be construed to permit or require disclosure by a provider of
a remote computing service or a provider of an electronic
communication service to the public of information not
otherwise permitted or required to be disclosed under chapter
121 of title 18, United States Code (commonly known as the
``Stored Communications Act'').
(3) Third party customers.--Nothing in this section may be
construed to require a third party, such as a customer or
managed service provider of an internet ecosystem company, to
participate in the pilot program under subsection (a).
(j) Briefings.--
(1) Initial.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of Defense and the National Cyber
Director, shall brief the appropriate committees of Congress
on the pilot program required under subsection (a).
(B) Elements.--The briefing required under subparagraph (A)
shall include the following:
(i) The plans of the Secretary for the implementation of
the pilot program.
(ii) Identification of key priorities for the pilot
program.
(iii) Identification of any potential challenges in
standing up the pilot program or impediments, such as a lack
of liability protection, to private sector participation in
the pilot program.
(iv) A description of the roles and responsibilities in the
pilot program of each participating Federal entity.
(2) Annual.--
(A) In general.--Not later than two years after the date of
the enactment of this Act and annually thereafter for three
years, the Secretary, in coordination with the Secretary of
Defense and the National Cyber Director, shall brief the
appropriate committees of Congress on the progress of the
pilot program required under subsection (a).
(B) Elements.--Each briefing required under subparagraph
(A) shall include the following:
(i) Recommendations for addressing relevant policy,
budgetary, and legislative gaps to increase the effectiveness
of the pilot program.
(ii) Recommendations, such as providing liability
protection, for increasing private sector participation in
the pilot program.
(iii) A description of the challenges encountered in
carrying out the pilot program, including any concerns
expressed by internet ecosystem companies regarding
participation in the pilot program.
(iv) The findings of the Secretary with respect to the
feasibility and advisability of extending or expanding the
pilot program.
(v) Such other matters as the Secretary considers
appropriate.
(k) Termination.--The pilot program required under
subsection (a) shall terminate on the date that is five years
after the date of the enactment of this Act.
(l) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Armed Services of the House of Representatives.
(2) Internet ecosystem company.--The term ``internet
ecosystem company'' means a business incorporated in the
United States that provides cybersecurity services, internet
service, content delivery services, Domain Name Service,
cloud services, mobile telecommunications services, email and
messaging services, internet browser services, or such other
services as the Secretary determines appropriate for the
purposes of the pilot program under subsection (a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 1551. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.
(a) Grant Program.--
(1) Establishment.--The Secretary, in accordance with the
agreement entitled the ``Agreement between the Government of
the United States of America and the Government of the State
of Israel on Cooperation in Science and Technology for
Homeland Security Matters'', dated May 29, 2008 (or successor
agreement), and the requirements specified in paragraph (2),
shall establish a grant program at the Department to
support--
(A) cybersecurity research and development; and
(B) demonstration and commercialization of cybersecurity
technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding section 317 of the
Homeland Security Act of 2002 (6 U.S.C. 195c), in carrying
out a research, development, demonstration, or commercial
application program or activity that is authorized under this
section, the Secretary shall require cost sharing in
accordance with this paragraph.
(B) Research and development.--
(i) In general.--Except as provided in clause (ii), the
Secretary shall require not less than 50 percent of the cost
of a research, development, demonstration, or commercial
application program or activity described in subparagraph (A)
to be provided by a non-Federal source.
(ii) Reduction.--The Secretary may reduce or eliminate, on
a case-by-case basis, the percentage requirement specified in
clause (i) if the Secretary determines that such reduction or
elimination is necessary and appropriate.
(C) Merit review.--In carrying out a research, development,
demonstration, or commercial application program or activity
that is authorized under this section, awards shall be made
only after an impartial review of the scientific and
technical merit of the proposals for such awards has been
carried out by or for the Department.
(D) Review processes.--In carrying out a review under
subparagraph (C), the Secretary may use merit review
processes developed under section 302(14) of the Homeland
Security Act of 2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant is eligible to
receive a grant under this subsection if--
(A) the project of such applicant--
(i) addresses a requirement in the area of cybersecurity
research or cybersecurity technology, as determined by the
Secretary; and
(ii) is a joint venture between--
(I)(aa) a for-profit business entity, academic institution,
National Laboratory, or nonprofit entity in the United
States; and
(bb) a for-profit business entity, academic institution, or
nonprofit entity in Israel; or
(II)(aa) the Federal Government; and
(bb) the Government of Israel; and
(B) neither such applicant nor the project of such
applicant pose a counterintelligence threat, as determined by
the Director of National Intelligence.
(4) Applications.--To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary
an application for such grant in accordance with procedures
established by the Secretary, in consultation with the
advisory board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish an
advisory board to--
(i) monitor the method by which grants are awarded under
this subsection; and
(ii) provide to the Secretary periodic performance reviews
of actions taken to carry out this subsection.
(B) Composition.--The advisory board established under
subparagraph (A) shall be composed of three members, to be
appointed by the Secretary, of whom--
(i) one shall be a representative of the Federal
Government;
(ii) one shall be selected from a list of nominees provided
by the United States-Israel Binational Science Foundation;
and
[[Page H7078]]
(iii) one shall be selected from a list of nominees
provided by the United States-Israel Binational Industrial
Research and Development Foundation.
(6) Contributed funds.--Notwithstanding section 3302 of
title 31, United States Code, the Secretary may, only to the
extent provided in advance in appropriations Acts, accept or
retain funds contributed by any person, government entity, or
organization for purposes of carrying out this subsection.
Such funds shall be available, subject to appropriation,
without fiscal year limitation.
(7) Reports.--
(A) Grant recipients.--Not later than 180 days after the
date of completion of a project for which a grant is provided
under this subsection, the grant recipient shall submit to
the Secretary a report that contains--
(i) a description of how the grant funds were used by the
recipient; and
(ii) an evaluation of the level of success of each project
funded by the grant.
(B) Secretary.--Not later than one year after the date of
the enactment of this Act and annually thereafter until the
grant program established under this subsection terminates,
the Secretary shall submit to the Committees on Homeland
Security and Governmental Affairs and Foreign Relations of
the Senate and the Committees on Homeland Security and
Foreign Affairs of the House of Representatives a report on
grants awarded and projects completed under such program.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be
unclassified by both the United States and Israel.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section not less than
$6,000,000 for each of fiscal years 2022 through 2026.
(c) Definitions.--In this section--
(1) the term ``cybersecurity research'' means research,
including social science research, into ways to identify,
protect against, detect, respond to, and recover from
cybersecurity threats;
(2) the term ``cybersecurity technology'' means technology
intended to identify, protect against, detect, respond to,
and recover from cybersecurity threats;
(3) the term ``cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501; enacted as title I of the
Cybersecurity Act of 2015 (division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113)));
(4) the term ``Department'' means the Department of
Homeland Security;
(5) the term ``National Laboratory'' has the meaning given
such term in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801); and
(6) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 1552. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT
DETAILS ON NONREIMBURSABLE BASIS.
Section 1752(e) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and indenting
such subparagraphs two ems to the right;
(2) in the matter preceding subparagraph (A), as
redesignated by paragraph (1), by striking ``The Director
may'' and inserting the following:
``(1) In general.--The Director may'';
(3) in paragraph (1)--
(A) as redesignated by paragraph (2), by redesignating
subparagraphs (C) through (H) as subparagraphs (D) through
(I), respectively; and
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) accept officers or employees of the United States or
members of the Armed Forces on a detail from an element of
the intelligence community (as such term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))) or from another element of the Federal Government
on a nonreimbursable basis, as jointly agreed to by the heads
of the receiving and detailing elements, for a period not to
exceed three years;''; and
(4) by adding at the end the following new paragraph:
``(2) Rules of construction regarding details.--Nothing in
paragraph (1)(C) may be construed as imposing any limitation
on any other authority for reimbursable or nonreimbursable
details. A nonreimbursable detail made pursuant to such
paragraph shall not be considered an augmentation of the
appropriations of the receiving element of the Office of the
National Cyber Director.''.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. National security space launch program.
Sec. 1602. Redesignation of Space Force Acquisition Council;
modifications relating to Assistant Secretary of the Air
Force for Space Acquisition and Integration.
Sec. 1603. Delegation of Authorities to Space Development Agency.
Sec. 1604. Extension and modification of Council on Oversight of the
Department of Defense Positioning, Navigation, and Timing
Enterprise.
Sec. 1605. Improvements to tactically responsive space launch program.
Sec. 1606. Clarification of domestic services and capabilities in
leveraging commercial satellite remote sensing.
Sec. 1607. Programs of record of Space Force and commercial
capabilities.
Sec. 1608. Extension and modification of certifications regarding
integrated tactical warning and attack assessment mission
of the Air Force.
Sec. 1609. Classification review of programs of the Space Force.
Sec. 1610. Report on Range of the Future initiative of the Space Force.
Sec. 1611. Space policy review.
Sec. 1612. Annual briefing on threats to space operations.
Sec. 1613. National Security Council briefing on potential harmful
interference to Global Positioning System.
Sec. 1614. Non-geostationary orbit satellite constellations.
Sec. 1615. Briefing on prototype program for multiglobal navigation
satellite system receiver development.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Notification of certain threats to United States Armed
Forces by foreign governments.
Sec. 1622. Strategy and plan to implement certain defense intelligence
reforms.
Sec. 1623. Annual briefing by Director of the Defense Intelligence
Agency on electronic warfare threat to operations of the
Department of Defense.
Sec. 1624. Report on explosive ordnance intelligence matters.
Subtitle C--Nuclear Forces
Sec. 1631. Participation in United States Strategic Command strategic
deterrence exercises.
Sec. 1632. Modification to requirements relating to nuclear force
reductions.
Sec. 1633. Modifications to requirements relating to unilateral changes
in nuclear weapons stockpile of the United States.
Sec. 1634. Deadline for reports on modification of force structure for
strategic nuclear weapons delivery systems.
Sec. 1635. Modification of deadline for notifications relating to
reduction, consolidation, or withdrawal of nuclear forces
based in Europe.
Sec. 1636. Procurement authority for certain parts of the ground-based
strategic deterrent cryptographic device.
Sec. 1637. Capability of B-21 bomber aircraft with long-range standoff
weapon.
Sec. 1638. Mission-design series popular name for ground-based
strategic deterrent.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Limitation on availability of certain funds until submission
of information relating to proposed budget for nuclear-
armed sea-launched cruise missile.
Sec. 1641. Limitation on availability of certain funds until submission
of information relating to nuclear-armed sea-launched
cruise missile.
Sec. 1642. Annual certification on readiness of Minuteman III
intercontinental ballistic missiles.
Sec. 1643. Revised nuclear posture review.
Sec. 1644. Review of safety, security, and reliability of nuclear
weapons and related systems.
Sec. 1645. Long-range standoff weapon.
Sec. 1646. Ground-based strategic deterrent development program
accountability matrices.
Sec. 1647. Information regarding review of Minuteman III service life
extension program or options for the future of the
intercontinental ballistic missile force.
Sec. 1648. Notification regarding intercontinental ballistic missiles
of China.
Sec. 1649. Independent review of nuclear command, control, and
communications system.
Sec. 1650. Review of engineering and manufacturing development contract
for ground-based strategic deterrent program.
Sec. 1651. Report on re-alerting long-range bombers.
Sec. 1652. Comptroller General study and updated report on nuclear
weapons capabilities and force structure requirements.
Sec. 1653. Briefing on consultations with United States allies
regarding Nuclear Posture Review.
Subtitle D--Missile Defense Programs
Sec. 1661. Notification of changes to non-standard acquisition and
requirements processes and responsibilities of Missile
Defense Agency.
Sec. 1662. Limitation on Missile Defense Agency production of
satellites and ground systems associated with operation
of such satellites.
Sec. 1663. Extension of period for transition of ballistic missile
defense programs to military departments.
Sec. 1664. Directed energy programs for ballistic and hypersonic
missile defense.
Sec. 1665. Guam integrated air and missile defense system.
Sec. 1666. Missile defense radar in Hawaii.
Sec. 1667. Certification required for Russia and China to tour certain
missile defense sites.
Sec. 1668. Next generation interceptors for missile defense of the
United States homeland.
[[Page H7079]]
Sec. 1669. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production.
Sec. 1670. Update of study on discrimination capabilities of the
ballistic missile defense system.
Sec. 1671. Semiannual updates on meetings held by the Missile Defense
Executive Board.
Sec. 1672. Matters regarding Integrated Deterrence Review.
Sec. 1673. Semiannual notifications regarding missile defense tests and
costs.
Sec. 1674. Report on senior leadership of Missile Defense Agency.
Sec. 1675. Independent study of roles and responsibilities of
Department of Defense components relating to missile
defense.
Subtitle E--Other Matters
Sec. 1681. Cooperative threat reduction funds.
Sec. 1682. Modification to estimate of damages from Federal
Communications Commission Order 20-48.
Sec. 1683. Establishment of office, organizational structure, and
authorities to address unidentified aerial phenomena.
Sec. 1684. Determination on certain activities with unusually hazardous
risks.
Sec. 1685. Study by Public Interest Declassification Board relating to
certain tests in the Marshall Islands.
Sec. 1686. Protection of Major Range and Test Facility Base.
Sec. 1687. Congressional Commission on the Strategic Posture of the
United States.
Subtitle A--Space Activities
SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Disclosure of National Security Space Launch Program
Contract Pricing Terms.--
(1) In general.--Chapter 135 of title 10, United States
Code, is amended by inserting after section 2276 the
following new section 2277:
``Sec. 2277. Disclosure of National Security Space Launch
program contract pricing terms
``(a) In General.--With respect to any contract awarded by
the Secretary of the Air Force for the launch of a national
security payload under the National Security Space Launch
program, not later than 30 days after entering into such a
contract, the Secretary shall submit to the congressional
defense committees a description of the pricing terms of the
contract. For those contracts that include the launch of
assets of the National Reconnaissance Office, the Secretary
shall also submit the pricing terms to the congressional
intelligence committees (as defined by section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)).
``(b) Competitively Sensitive Trade Secret Data.--The
congressional defense committees and the congressional
intelligence committees shall--
``(1) treat a description of pricing terms submitted under
subsection (a) as competitively sensitive trade secret data;
and
``(2) use the description solely for committee purposes,
subject to appropriate restrictions to maintain the
confidentiality of the description.
``(c) Rule of Construction.--For purposes of section 1905
of title 18, a disclosure of contract pricing terms under
subsection (a) shall be construed as a disclosure authorized
by law.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2276 the following new item:
``2277. Disclosure of National Security Space Launch program contract
pricing terms.''.
(b) Policy.--With respect to entering into contracts for
launch services during the period beginning on the date of
the enactment of this Act and ending September 30, 2024, it
shall be the policy of the Department of Defense and the
National Reconnaissance Office to--
(1) use the National Security Space Launch program to the
extent practical to procure launch services only from launch
service providers that can meet Federal requirements with
respect to delivering required payloads to reference orbits
covered under the requirements of phase two; and
(2) maximize continuous competition for launch services as
the Space Force initiates planning for phase three,
specifically for those technology areas that are unique to
existing and emerging national security requirements.
(c) Notification.--If the Secretary of Defense or the
Director of the National Reconnaissance Office determines
that a program requiring launch services that could be met
using phase two contracts will instead use an alternative
launch procurement approach, not later than seven days after
the date of such determination, the Secretary of Defense or,
as appropriate, the Director of National Intelligence, shall
submit to the appropriate congressional committees--
(1) a notification of such determination;
(2) a certification that the alternative launch procurement
approach is in the national security interest of the United
States; and
(3) an outline of the cost analysis and any other rationale
for such determination.
(d) Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Chief of Space Operations and the
Director of the Space Development Agency, and in consultation
with the Director of National Intelligence (including with
respect to the views of the Director of the National
Reconnaissance Office), shall submit to the appropriate
congressional committees a report on the emerging launch
requirements in the areas of space access, mobility, and
logistics that will not be met by phase two capabilities.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An examination of potential benefits of competing one
or more launches that are outside of phase two capabilities,
focused on accelerating the rapid development and on-orbit
deployment of enabling and transformational technologies
required to address any emerging requirements, including with
respect to--
(i) delivery of in-space transportation, logistics, and on-
orbit servicing capabilities to enhance the persistence,
sensitivity, and resiliency of national security space
missions in a contested space environment;
(ii) routine access to extended orbits beyond geostationary
orbits, including cislunar orbits;
(iii) greater cislunar awareness capabilities;
(iv) vertical integration and standardized payload mating;
(v) increased responsiveness for heavy lift capability;
(vi) the ability to transfer orbits, including point-to-
point orbital transfers;
(vii) capacity and capability to execute secondary
deployments;
(viii) high-performance upper stages; and
(ix) other new missions that are outside the parameters of
the nine design reference missions that exist as of the date
of the enactment of this Act.
(B) A description of how competing space access, mobility,
and logistics launches could aid in establishing a new
acquisition framework to--
(i) promote the potential for additional open and
sustainable competition for phase three; and
(ii) re-examine the balance of mission assurance versus
risk tolerance to reflect new resilient spacecraft
architectures and reduce workload on the Federal Government
and industry to perform mission assurance where appropriate.
(C) An analysis of how the matters under subparagraphs (A)
and (B) may help continue to reduce the cost per launch of
national security payloads.
(D) An examination of the effects to the National Security
Space Launch program if contracted launch providers cannot
meet all phase two requirements, including with respect to--
(i) the effects to national security launch resiliency; and
(ii) the cost effects of a launch market that lacks full
competition.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
appendix.
(4) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Director of National Intelligence, shall provide to the
appropriate congressional committees a briefing on the report
under paragraph (1).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``phase three'' means, with respect to the
National Security Space Launch program, launch missions
ordered under the program after fiscal year 2024.
(3) The term ``phase two'' means, with respect to the
National Security Space Launch program, launch missions
ordered under the program during fiscal years 2020 through
2024.
SEC. 1602. REDESIGNATION OF SPACE FORCE ACQUISITION COUNCIL;
MODIFICATIONS RELATING TO ASSISTANT SECRETARY
OF THE AIR FORCE FOR SPACE ACQUISITION AND
INTEGRATION.
(a) Modifications to Space Force Acquisition Council.--
(1) Designation.--Section 9021 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``force'';
(B) in subsection (a), by striking ``Space Force
Acquisition Council'' and inserting ``Space Acquisition
Council''; and
(C) in subsection (c), by striking ``of the Air Force for
space systems and programs'' and inserting ``space systems
and programs of the armed forces''.
(2) Conforming amendment.--Section 9016(b)(6)(B)(ii) of
title 10, United States Code, is amended by striking ``Space
Force Acquisition Council'' and inserting ``Space Acquisition
Council''.
(3) Clerical amendment.--The table of sections for chapter
903 of title 10, United States Code, is amended by striking
the item relating to section 9021 and inserting the following
new item:
``9021. Space Acquisition Council.''.
(4) References.--Any reference to the Space Force
Acquisition Council in any law, regulation, map, document,
record, or other paper of the United States shall be deemed
to be a reference to the Space Acquisition Council.
(b) Modifications Relating to the Assistant Secretary of
the Air Force for Space Acquisition and Integration.--
(1) Space force acquisition council review and
certification of determinations of the assistant secretary of
the air force for space acquisition and integration.--Section
9021(c) of title 10, United States Code, as amended by
subsection (a), is further amended--
(A) by striking ``The Council'' and inserting ``(1) The
Council''; and
(B) by adding at the end the following new paragraph:
``(2)(A) The Council shall promptly--
``(i) review any determination made by the Assistant
Secretary of the Air Force for Space Acquisition and
Integration with respect to architecture for the space
systems and programs of
[[Page H7080]]
the armed forces under section 9016(b)(6)(B)(i) of this
title, including the requirements for operating such space
systems or programs; and
``(ii) either--
``(I) if the Council finds such a determination to be
warranted, certify the determination; or
``(II) if the Council finds such a determination not to be
warranted, decline to certify the determination.
``(B) Not later than 10 business days after the date on
which the Council makes a finding with respect to a
certification under subparagraph (A), the Council shall
submit to the congressional defense committees a notification
of the finding, including a detailed justification for the
finding.
``(C) Except as provided in subparagraph (D), the Assistant
Secretary of the Air Force for Space Acquisition and
Integration may not take any action to implement a
determination referred to in subparagraph (A)(i) until 30
days has elapsed following the date on which the Council
submits the notification under subparagraph (B).
``(D)(i) The Secretary of Defense may waive subparagraph
(C) in the event of an urgent national security requirement.
``(ii) The Secretary of Defense shall submit to the
congressional defense committees a notification of any waiver
granted under clause (i), including a justification for the
waiver.''.
(2) Department of defense space systems and programs.--
Clause (i) of section 9016(b)(6)(B) of title 10, United
States Code, is amended to read as follows:
``(i) Be responsible for and oversee all architecture and
integration with respect to the acquisition of the space
systems and programs of the armed forces, including in
support of the Chief of Space Operations under section 9082
of this title.''.
(3) 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;
133 Stat. 1566; 10 U.S.C. 9016 note) is amended by striking
``of the Air Force'' and inserting ``of the Armed Forces''.
(4) Designation of force design architect for department of
defense space systems.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense
shall--
(A) designate the Chief of Space Operations the force
design architect for space systems of the Armed Forces; and
(B) submit to the congressional defense committees a
certification of such designation.
SEC. 1603. DELEGATION OF AUTHORITIES TO SPACE DEVELOPMENT
AGENCY.
Section 9086 of title 10, United States Code, as
redesignated by section 1081, is amended by adding at the end
the following new subsection:
``(d) Delegation of Authorities.--(1) With respect to
tranche 0 capabilities and tranche 1 capabilities, to the
extent practicable, the Secretary of the Air Force, acting
through the Service Acquisition Executive for Space Systems
and Programs, shall ensure the delegation to the Agency of--
``(A) head of contracting authority; and
``(B) milestone decision authority for the middle tier of
acquisition programs.
``(2)(A) The Service Acquisition Executive for Space
Systems and Programs may rescind the delegation of authority
under paragraph (1) for cause or on a case-by-case basis.
``(B) Not later than 30 days after the date of a rescission
under subparagraph (A), the Secretary of the Air Force shall
notify the congressional defense committees of such
rescission.
``(3) In this subsection:
``(A) The term `tranche 0 capabilities' means capabilities
relating to transport, battle management, tracking, custody,
navigation, deterrence, and support, that are intended to be
achieved by September 30, 2022.
``(B) The term `tranche 1 capabilities' means capabilities
relating to transport, battle management, tracking, custody,
navigation, deterrence, and support, that are intended to be
achieved by September 30, 2024.''.
SEC. 1604. EXTENSION AND MODIFICATION OF COUNCIL ON OVERSIGHT
OF THE DEPARTMENT OF DEFENSE POSITIONING,
NAVIGATION, AND TIMING ENTERPRISE.
Section 2279b of title 10, United States Code, is amended--
(1) in subsection (d)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) Alternative methods to perform position navigation
and timing.''; and
(2) in subsection (h), by striking ``National Defense
Authorization Act for Fiscal Year 2016'' and inserting
``National Defense Authorization Act for Fiscal Year 2022''.
SEC. 1605. IMPROVEMENTS TO TACTICALLY RESPONSIVE SPACE LAUNCH
PROGRAM.
Section 1609 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 4048) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Program.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Support.--
``(1) Elements.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall support the
tactically responsive launch program under subsection (a)
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, in 2022 to ensure that the program addresses the
following:
``(A) The ability to rapidly place on-orbit systems to
respond to urgent needs of the commanders of the combatant
commands or to reconstitute space assets and capabilities to
support national security priorities if such assets and
capabilities are degraded, attacked, or otherwise impaired,
including such assets and capabilities relating to protected
communications and intelligence, surveillance, and
reconnaissance.
``(B) The entire launch process, including with respect to
launch services, satellite bus and payload availability, and
operations and sustainment on-orbit.
``(2) Plan.--As a part of the defense budget materials (as
defined in section 239 of title 10, United States Code) for
fiscal year 2023, the Secretary of Defense, in consultation
with the Director of National Intelligence, shall submit to
Congress a plan for the tactically responsive launch program
to address the elements under paragraph (1). Such plan shall
include the following:
``(A) Lessons learned from the Space Safari tactically
responsive launch-2 mission of the Space Systems Command of
the Space Force, and how to incorporate such lessons into
future efforts regarding tactically responsive launches.
``(B) How to achieve responsive acquisition timelines
within the adaptive acquisition framework for space
acquisition pursuant to section 807.
``(C) Plans to address supply chain issues and leverage
commercial capabilities to support future reconstitution and
urgent space requirements leveraging the tactically
responsive launch program under subsection (a).''.
SEC. 1606. CLARIFICATION OF DOMESTIC SERVICES AND
CAPABILITIES IN LEVERAGING COMMERCIAL SATELLITE
REMOTE SENSING.
Section 1612(c) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 441 note) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The term `domestic' includes, with respect to
commercial capabilities or services covered by this section,
capabilities or services provided by companies that operate
in the United States and have active mitigation agreements
pursuant to the National Industrial Security Program, unless
the Director of the National Reconnaissance Office or the
Director of the National Geospatial-Intelligence Agency
submits to the appropriate congressional committees a written
determination that excluding such companies is warranted on
the basis of national security or strategic policy needs.''.
SEC. 1607. PROGRAMS OF RECORD OF SPACE FORCE AND COMMERCIAL
CAPABILITIES.
(a) Service Acquisition Executive for Space Systems and
Programs.--Section 957(c) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 9016 note) is amended by adding at the end the
following new paragraph:
``(5) Programs of record and commercial capabilities.--
Prior to establishing a program of record, the Service
Acquisition Executive for Space Systems and Programs shall
determine whether existing or planned commercially available
capabilities could meet all or a portion of the requirements
for that proposed program. Not later than 30 days after the
date on which the Service Acquisition Executive makes such a
positive determination, the Service Acquisition Executive
shall submit to the congressional defense committees a
notification of the results of the determination.''.
(b) Limitation.--
(1) In general.--Except as provided by paragraph (2), the
Secretary of Defense may not rely solely on the use of
commercial satellite services and associated systems to carry
out operational requirements, including command and control
requirements, targeting requirements, or other requirements
that are necessary to execute strategic and tactical
operations.
(2) Mitigation measures.--The Secretary may rely solely on
the use of commercial satellite services and associated
systems to carry out an operational requirement described in
paragraph (1) if the Secretary has taken measures to mitigate
the vulnerability of any such requirement.
(c) Briefings.--
(1) Requirement.--Not less frequently than quarterly
through fiscal year 2025, the Secretary shall provide to the
congressional defense committees a briefing on the use and
extent of the reliance of the Department of Defense on
commercial satellite services and associated systems to
provide capability and additional capacity across the
Department.
(2) Elements.--Each briefing under paragraph (1) shall
include the following for the preceding quarter:
(A) A summary of commercial data and services used to
fulfill requirements of the Department or to augment the
systems and capabilities of the Department.
(B) An assessment of any reliance on, and the resulting
vulnerabilities of, such data and services.
(C) An analysis of potential measures to mitigate such
vulnerabilities.
(D) A description of mitigation measures taken by the
Secretary under subsection (b)(2).
(d) Study.--The Secretary of the Air Force shall seek to
enter into an agreement with a federally funded research and
development center that is not closely affiliated with the
Air Force or the Space Force to conduct a study on--
(1) the extent of commercial support of, and integration
into, the space operations of the Armed Forces; and
(2) measures to ensure that such operations, particularly
operations that are mission critical, continue to be carried
out in the most effective manner possible during a time of
conflict.
[[Page H7081]]
SEC. 1608. EXTENSION AND MODIFICATION OF CERTIFICATIONS
REGARDING INTEGRATED TACTICAL WARNING AND
ATTACK ASSESSMENT MISSION OF THE AIR FORCE.
Section 1666 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 113 Stat. 2617), as
amended by section 1604 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended--
(1) in the section heading, by striking ``the air force''
and inserting ``the department of the air force'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``each year thereafter through 2020'' and
inserting ``each year thereafter through 2026''; and
(ii) by inserting ``, in consultation with the Commander of
the United States Strategic Command and the Commander of the
United States Northern Command,'' after ``the Commander of
the United States Space Command'';
(B) in paragraph (1)--
(i) by striking ``the Air Force is'' and inserting ``the
Department of the Air Force is''; and
(ii) by inserting ``and the Space Force'' after ``to the
Air Force''; and
(C) in paragraph (2), by striking ``the Air Force'' and
inserting ``the Department of the Air Force''; and
(3) in subsection (b)--
(A) by inserting ``of the United States Space Command''
after ``Commander'';
(B) by striking ``system of the Air Force'' and inserting
``system of the Department of the Air Force'';
(C) by striking ``command of the Air Force'' and inserting
``command of the Department of the Air Force''; and
(D) by striking ``aspects of the Air Force'' and inserting
``aspects of the Department of the Air Force''.
SEC. 1609. CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE
FORCE.
(a) Classification Review.--The Secretary of Defense
shall--
(1) not later than 120 days after the date of the enactment
of this Act, conduct a review of each classified program
managed under the authority of the Space Force to determine
whether--
(A) the level of classification of the program could be
changed to a lower level; or
(B) the program could be declassified; and
(2) not later than 90 days after the date on which the
Secretary completes such review, commence the change to the
classification level or the declassification as determined in
such review.
(b) Coordination.--The Secretary shall carry out the review
under subsection (a)(1) in coordination with the Assistant
Secretary of Defense for Space Policy and, as the Secretary
determines appropriate, the heads of other elements of the
Department of Defense.
(c) Report.--Not later than 60 days after the date on which
the Secretary completes the review under subsection (a)(1),
the Secretary, in coordination with the Assistant Secretary
of Defense for Space Policy, shall submit to the
congressional defense committees a report identifying each
program managed under the authority of the Space Force
covered by a determination regarding changing the
classification level of the program or declassifying the
program, including--
(1) the timeline for implementing such change or
declassification; and
(2) any risks that exist in implementing such change or
declassification.
SEC. 1610. REPORT ON RANGE OF THE FUTURE INITIATIVE OF THE
SPACE FORCE.
Not later than 90 days after the date of the enactment of
this Act, the Chief of Space Operations shall submit to the
congressional defense committees a report containing the
following:
(1) A detailed plan to carry out the Space Force ``Range of
the Future'' initiative, including the estimated funding
required to implement the plan.
(2) Identification of any specific authorities the Chief
determines need to be modified by law to improve the ability
of the Space Force to address long-term challenges to the
physical infrastructure at the launch ranges of the Space
Force, and an explanation for why such modified authorities
are needed.
(3) Any additional proposals that would support improved
infrastructure at the launch ranges of the Space Force,
including recommendations for legislative action to carry out
such proposals.
SEC. 1611. SPACE POLICY REVIEW.
(a) In General.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall carry out a
review of the space policy of the Department of Defense.
(b) Elements.--The review under subsection (a) shall
include the following:
(1) With respect to the five-year period following the date
of the review, an assessment of the threat to the space
operations of the United States and the allies of the United
States.
(2) An assessment of the national security objectives of
the Department relating to space.
(3) An evaluation of the policy changes and funding
necessary to accomplish such objectives during such five-year
period.
(4) An assessment of the policy of the Department with
respect to deterring, responding to, and countering threats
to the space operations of the United States and the allies
of the United States.
(5) An analysis of such policy with respect to normative
behaviors in space, including the commercial use of space.
(6) An analysis of the extent to which such policy is
coordinated with other ongoing policy reviews, including
reviews regarding nuclear, missile defense, and cyber
operations.
(7) A description of the organization and space doctrine of
the Department to carry out the space policy of the
Department.
(8) An assessment of the space systems and architectures to
implement such space policy.
(9) Any other matters the Secretary considers appropriate.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation
with the Director, shall submit to the appropriate
congressional committees a report on the results of the
review under subsection (a).
(2) Annual updates.--Concurrent with the submission to
Congress of the budget of the President for each of fiscal
years 2024 through 2026 pursuant to section 1105(a) of title
31, United States Code, and more frequently during such
period as the Secretary determines appropriate, the
Secretary, in consultation with the Director, shall submit to
the appropriate congressional committees a report describing
any update to the assessments, analyses, and evaluations
carried out pursuant to such review.
(3) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Commerce, Science, and Transportation
and the Select Committee on Intelligence of the Senate.
SEC. 1612. ANNUAL BRIEFING ON THREATS TO SPACE OPERATIONS.
(a) Requirement.--Not later than February 28 each year
through 2026, the Chief of Space Operations, in consultation
with the Commander of the United States Space Command and the
Director of National Intelligence, shall provide to the
appropriate congressional committees a briefing on the
threats to the space operations of the United States posed by
Russia, China, and any other country relevant to the conduct
of such operations.
(b) Elements.--Each briefing under subsection (a) shall
include the following:
(1) A review of the current posture of threats described in
such subsection and anticipated advances in such threats over
the subsequent five-year period.
(2) A description of potential measures to counter such
threats.
(c) Distribution of Briefing.--On or about the same day as
the Chief of Space Operations provides to the appropriate
congressional committees a briefing under subsection (a), the
Chief shall also provide to the National Space Council, the
Secretary of Commerce, the Secretary of Transportation, and
the Administrator of the National Aeronautics and Space
Administration the briefing at the highest level of
classification possible.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Armed Services, Energy and Commerce,
Transportation and Infrastructure, and Science, Space, and
Technology, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committees on Armed Services and Commerce, Science,
and Transportation, and the Select Committee on Intelligence
of the Senate.
SEC. 1613. NATIONAL SECURITY COUNCIL BRIEFING ON POTENTIAL
HARMFUL INTERFERENCE TO GLOBAL POSITIONING
SYSTEM.
(a) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the National Security Council, the Secretary of
Commerce, and the Commissioners of the Federal Communications
Commission a briefing at the highest level of classification
on the current assessment of the Department of Defense, as of
the date of the briefing, regarding the potential for harmful
interference to the Global Positioning System, mobile
satellite services, or other tactical or strategic systems of
the Department of Defense, from commercial terrestrial
operations and mobile satellite services using the 1525-1559
megahertz band and the 1626.5-1660.5 megahertz band.
(b) Matters Included.--The briefing under subsection (a)
shall include--
(1) potential operational impacts that have been studied
within the megahertz bands specified in such subsection; and
(2) impacts that could be mitigated, if any, including how
such mitigations could be implemented.
(c) Congressional Briefing.--Not later than seven days
after the date on which the Secretary provides the briefing
under subsection (a), the Secretary shall provide to the
appropriate congressional committees such briefing.
(d) Independent Technical Review.--The Secretary shall
carry out subsections (a) and (c) regardless of whether the
independent technical review conducted pursuant to section
1663 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
has been completed.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 1614. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary
[[Page H7082]]
of Defense, in consultation with the Secretaries of the
military departments and the heads of the Defense Agencies,
shall submit to the congressional defense committees a report
on current commercial satellite communication initiatives,
including with respect to new non-geostationary orbit
satellite technologies that the Department of Defense has
employed to increase satellite communication throughput to
existing platforms of the military departments currently
constrained by legacy capabilities.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A potential investment strategy concerning how to
operationalize commercial satellite communication
capabilities using non-geostationary orbit satellites across
each of the military departments, including--
(A) requisite funding required to adequately prioritize and
accelerate the integration of such capabilities into the
warfighting systems of the departments; and
(B) future-year spending projections for such efforts that
align with other satellite communication investments of the
Department of Defense.
(2) An integrated satellite communications reference
architecture roadmap for the Department of Defense to achieve
a resilient, secure network for operationalizing commercial
satellite communication capabilities, including through the
use of non-geostationary orbit satellites, across the
Department that is capable of leveraging multi-band and
multi-orbit architectures, including requirements that enable
maximum use of commercially available technologies.
SEC. 1615. BRIEFING ON PROTOTYPE PROGRAM FOR MULTIGLOBAL
NAVIGATION SATELLITE SYSTEM RECEIVER
DEVELOPMENT.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force shall provide to the
congressional defense committees a briefing on the
implementation of the program required under section 1607 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1724), including with respect
to addressing each element specified in subsection (b) of
such section.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. NOTIFICATION OF CERTAIN THREATS TO UNITED STATES
ARMED FORCES BY FOREIGN GOVERNMENTS.
(a) Determination That Foreign Government Intends to Cause
the Death of or Serious Bodily Injury to Members of the Armed
Forces.--The Secretary of Defense shall carry out the
notification requirement under subsection (b) whenever the
Secretary, in consultation with the Director of National
Intelligence, determines with high confidence that, on or
after the date of the enactment of this Act, an official of a
foreign government has taken a substantial step that is
intended to cause the death of, or serious bodily injury to,
any member of the United States Armed Forces, whether through
direct means or indirect means, including through a promise
or agreement by the foreign government to pay anything of
pecuniary value to an individual or organization in exchange
for causing such death or serious bodily injury.
(b) Notice to Congress.--
(1) Notification.--Except as provided by paragraph (2), not
later than 14 days after making a determination under
subsection (a), the Secretary shall notify the congressional
defense committees of such determination. Such notification
shall include, at a minimum, the following:
(A) A description of the nature and extent of the effort by
the foreign government to target members of the United States
Armed Forces.
(B) An assessment of what specific officials, agents,
entities, and departments within the foreign government
authorized the effort.
(C) An assessment of the motivations of the foreign
government for undertaking such an effort.
(D) An assessment of whether the effort of the foreign
government was a substantial factor in the death or serious
bodily injury of any member of the United States Armed
Forces.
(E) Any other information the Secretary determines
appropriate.
(2) Waiver.--On a case-by-case basis, the Secretary may
waive the notification requirement under paragraph (1) if the
Secretary--
(A) determines that the waiver is in the national security
interests of the United States; and
(B) submits to the congressional defense committees a
written justification of such determination.
(c) Definitions.--In this section:
(1) The term ``anything of pecuniary value'' has the
meaning given that term in section 1958(b)(1) of title 18,
United States Code.
(2) The term ``determines with high confidence''--
(A) means that the official making the determination--
(i) has concluded that the judgments in the determination
are based on sound analytic argumentation and high-quality,
consistent reporting from multiple sources, including through
clandestinely obtained documents, clandestine and open source
reporting, and in-depth expertise;
(ii) with respect to such judgments, has concluded that the
intelligence community has few intelligence gaps and few
assumptions underlying the analytic line and that the
intelligence community has concluded that the potential for
deception is low; and
(iii) has examined long-standing analytic judgments and
considered alternatives in making the determination; but
(B) does not mean that the official making the
determination has concluded that the judgments in the
determination are fact or certainty.
(3) The term ``direct means'' means without the use of
intermediaries.
(4) The term ``foreign government'' means the government of
a foreign country with which the United States is at peace.
(5) The term ``indirect means'' means through, or with the
assistance of, intermediaries.
SEC. 1622. STRATEGY AND PLAN TO IMPLEMENT CERTAIN DEFENSE
INTELLIGENCE REFORMS.
(a) Strategy and Plan.--The Secretary of Defense, in
coordination with the Director of National Intelligence,
shall develop and implement a strategy and plan to enable the
Defense Intelligence Enterprise to more effectively fulfill
the intelligence and information requirements of the
commanders of the combatant commands with respect to efforts
by the combatant commands to expose and counter foreign
malign influence, coercion, and subversion activities
undertaken by, or at the direction, on behalf, or with
substantial support of the governments of, covered foreign
countries.
(b) Matters Included in Plan.--The plan under subsection
(a) shall include the following:
(1) A plan to improve policies and procedures of the
Defense Intelligence Enterprise to assemble and release facts
about the foreign malign influence, coercion, and subversion
activities of a covered foreign country described in such
subsection in a timely way and in forms that allow for
greater distribution and release.
(2) A plan to develop and publish validated priority
intelligence requirements of the commanders of the combatant
commands.
(3) A plan to better leverage open-source and commercially
available information and independent analyses to support the
efforts by the combatant commands described in such
subsection.
(4) A review by each element of the Defense Intelligence
Enterprise of the approaches used by that element--
(A) with respect to intelligence that has not been
processed or analyzed, to separate out data from the sources
and methods by which the data is obtained (commonly known as
``tearlining''); and
(B) with respect to finished intelligence products that
relate to foreign malign influence, coercion, and subversion
activities of a covered foreign country described in such
subsection, to downgrade the classification level of the
product.
(6) An identification of any additional resources or
legislative authority necessary to better meet the
intelligence and information requirements described in such
subsection.
(7) An assignment of responsibilities and timelines for the
implementation of the plans described in paragraphs (1), (2),
and (3).
(8) Any other matters the Secretary determines relevant.
(c) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence,
shall submit to the appropriate congressional committees and
the Comptroller General of the United States the plan
developed under subsection (a).
(d) Comptroller General Review.--
(1) Requirement.--The Comptroller General shall conduct a
review of--
(A) the plan submitted under subsection (c); and
(B) the activities and future plans of the Defense
Intelligence Enterprise for meeting the intelligence and
information requirements described in subsection (a).
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) The extent to which the plan submitted under subsection
(c) includes the elements identified in subsection (b).
(B) The extent to which the Defense Intelligence Enterprise
has clearly assigned roles, responsibilities, and processes
for fulfilling the intelligence and information requirements
described in subsection (a).
(C) The extent to which the Defense Intelligence Enterprise
is planning to obtain additional capabilities and resources
to improve the quality and timeliness of intelligence and
information provided to the commanders of the combatant
commands to aid in the efforts described in subsection (a).
(D) The extent to which the Defense Intelligence Enterprise
is identifying, obtaining, and using commercial and publicly
available information to aid in such efforts.
(E) Any other related issues that the Comptroller General
determines appropriate.
(3) Briefing and report.--Not later than 120 days after the
date on which the Comptroller General receives the plan under
subsection (c), the Comptroller General shall provide to the
appropriate congressional committees a briefing on any
initial findings about the plan. After such briefing, the
Comptroller General shall submit to the committees a report
on the plan at a date mutually agreed upon by the Comptroller
General and the committees.
(e) Congressional Briefing.--Not later than 90 days after
the date of the enactment of this Act, and annually
thereafter through December 31, 2026, the Secretary, in
coordination with the Director of National Intelligence,
shall provide to the appropriate congressional committees a
briefing on the strategy and plan under subsection (a).
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``covered foreign country'' means any of the
following:
(A) The People's Republic of China.
(B) The Russian Federation.
[[Page H7083]]
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(E) Any other foreign country the Secretary of Defense and
the Director of National Intelligence determine appropriate.
(3) The term ``Defense Intelligence Enterprise'' has the
meaning given that term in section 426(b)(4) of title 10,
United States Code.
SEC. 1623. ANNUAL BRIEFING BY DIRECTOR OF THE DEFENSE
INTELLIGENCE AGENCY ON ELECTRONIC WARFARE
THREAT TO OPERATIONS OF THE DEPARTMENT OF
DEFENSE.
(a) Requirement.--Not later than March 31, 2022, and
annually thereafter through 2026, the Director of the Defense
Intelligence Agency shall provide the congressional defense
committees, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a briefing on the electronic
warfare threat to operations of the Department of Defense by
Russia, China, and other countries relevant to the conduct of
such operations.
(b) Contents.--Each briefing provided under subsection (a)
shall include a review of the following:
(1) Current electronic warfare capabilities of the armed
forces of Russia, the armed forces of China, and the armed
forces of such other countries as the Director considers
appropriate.
(2) With respect to the five-year period beginning after
the date of the briefing, an estimate of--
(A) advances in electronic warfare threats to the
operations of the Department from the countries referred to
in paragraph (1); and
(B) the order of battle for Russia, China, and each other
country the Secretary considers appropriate.
SEC. 1624. REPORT ON EXPLOSIVE ORDNANCE INTELLIGENCE MATTERS.
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 feasibility
and advisability of--
(1) designating the Director of the Defense Intelligence
Agency as the executive agent for explosive ordnance
intelligence; and
(2) including in the responsibilities of the Director of
the Defense Intelligence Agency pursuant to section 105 of
the National Security Act of 1947 (50 U.S.C. 3038) explosive
ordnance intelligence, including with respect to the
processing, production, dissemination, integration,
exploitation, evaluation, feedback, and analysis of explosive
ordnance using the skills, techniques, principles, and
knowledge of explosive ordnance disposal personnel regarding
fuzing, firing systems, ordnance disassembly, and development
of render safe techniques, procedures and tools,
publications, and applied technologies.
Subtitle C--Nuclear Forces
SEC. 1631. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND
STRATEGIC DETERRENCE EXERCISES.
Chapter 24 of title 10, United States Code, is amended by
adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter
accordingly):
``SEC. 499B. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND
STRATEGIC DETERRENCE EXERCISES.
``(a) Participation.--In the case of annual strategic
deterrence exercises held by the United States Strategic
Command during fiscal years 2022 through 2032--
``(1) the Assistant to the President for National Security
Affairs is encouraged to participate in each such exercise
that occurs during an even-numbered year;
``(2) the Deputy Assistant to the President for National
Security Affairs is encouraged to participate in each such
exercise that occurs during an odd-numbered year;
``(3) the Under Secretary of Defense for Policy shall
participate, in whole or in part, in each such exercise;
``(4) the Vice Chairman of the Joint Chiefs of Staff shall
participate, in whole or in part, in each such exercise;
``(5) appropriate senior staff of the Executive Office of
the President or appropriate organizations supporting the
White House relating to continuity of government activities
are encouraged to participate in each such exercise;
``(6) appropriate general or flag officers of the military
departments, and appropriate employees of Federal agencies in
Senior Executive Service positions (as defined in section
3132 of title 5), shall participate, in whole or in part, in
each such exercise, to provide relevant expertise to the
Assistant to the President for National Security Affairs and
the Deputy Assistant to the President for National Security
Affairs; and
``(7) in the case of such an exercise for which a unified
combatant command has a geographic area of responsibility
relevant to the scenario planned to be used for the exercise,
not fewer than two of the following individuals from that
command shall participate, in whole or in part, in the
exercise:
``(A) The Commander.
``(B) The Deputy Commander.
``(C) The Director of the Joint Staff for Operations.
``(D) The Director of the Joint Staff for Strategic Plans
and Policy.
``(b) Briefing.--Not fewer than once every four years (or
more frequently if appropriate) during the period specified
in subsection (a), the President shall be provided a briefing
on the annual strategic deterrence exercise held by the
United States Strategic Command during the year in which the
briefing is provided, including the principal findings
resulting from the exercise.
``(c) Reports.--(1) Not later than 30 days after the
completion of an annual strategic deterrence exercise
described in subsection (a), the Commander of the United
States Strategic Command shall submit to the Chairman of the
Joint Chiefs of Staff and the Secretary of Defense a report
on the exercise, which, at a minimum, shall include the
following:
``(A) A description of the purpose and scope of the
exercise.
``(B) An identification of the principal personnel
participating in the exercise.
``(C) A statement of the principal findings resulting from
the exercise that specifically relate to the nuclear command,
control, and communications or senior leader decision-making
process and a description of any deficiencies in that process
identified a result of the exercise.
``(D) Whether the President was briefed on the exercise and
the principal findings resulting from the exercise.
``(2) Not later than 60 days after the completion of an
annual strategic deterrence exercise described in subsection
(a), the Secretary shall submit to the congressional defense
committees--
``(A) an unedited copy of the report of the Commander
submitted under paragraph (1); and
``(B) any additional recommendations or other matters the
Secretary considers appropriate.''.
SEC. 1632. MODIFICATION TO REQUIREMENTS RELATING TO NUCLEAR
FORCE REDUCTIONS.
Section 494(c) of title 10, United States Code, is
amended--
(1) by striking ``December 31, 2011'' each place it appears
and inserting ``December 31, 2021''; and
(2) in paragraph (3), by striking ``December 31, 2017'' and
inserting ``February 1, 2025''.
SEC. 1633. MODIFICATIONS TO REQUIREMENTS RELATING TO
UNILATERAL CHANGES IN NUCLEAR WEAPONS STOCKPILE
OF THE UNITED STATES.
Section 498 of title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) In General.--Other than pursuant to a treaty to which
the Senate has provided advice and consent pursuant to
section 2 of article II of the Constitution of the United
States, if the President has under consideration to
unilaterally change the size of the total stockpile of
nuclear weapons of the United States, or the total number of
deployed nuclear weapons (as defined under the New START
Treaty), by more than 20 percent, prior to doing so the
President shall initiate a Nuclear Posture Review.'';
(2) in subsection (c), by striking ``in the nuclear weapons
stockpile by more than 25 percent'' and inserting ``described
in subsection (a)'';
(3) in subsection (d), by striking ``treaty obligations''
and inserting ``obligations pursuant to a treaty to which the
Senate has provided advice and consent pursuant to section 2
of article II of the Constitution''; and
(4) by adding at the end the following:
``(f) New START Treaty Defined.--In this section, the term
`New START Treaty' means the Treaty between the United States
of America and the Russian Federation on Measures for the
Further Reduction and Limitation of Strategic Offensive Arms,
signed on April 8, 2010, and entered into force on February
5, 2011.''.
SEC. 1634. DEADLINE FOR REPORTS ON MODIFICATION OF FORCE
STRUCTURE FOR STRATEGIC NUCLEAR WEAPONS
DELIVERY SYSTEMS.
Section 493 of title 10, United States Code, is amended in
the first sentence by inserting after ``report on the
modification'' the following: ``not less than 180 days before
the intended effective date of the modification''.
SEC. 1635. MODIFICATION OF DEADLINE FOR NOTIFICATIONS
RELATING TO REDUCTION, CONSOLIDATION, OR
WITHDRAWAL OF NUCLEAR FORCES BASED IN EUROPE.
Section 497(b) of title 10, United States Code, is amended
by striking ``60 days'' and inserting ``120 days''.
SEC. 1636. 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) 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).
(c) 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.
SEC. 1637. CAPABILITY OF B-21 BOMBER AIRCRAFT WITH LONG-RANGE
STANDOFF WEAPON.
The Secretary of the Air Force shall ensure that the B-21
bomber aircraft is capable of employing the long-range
standoff weapon.
SEC. 1638. MISSION-DESIGN SERIES POPULAR NAME FOR GROUND-
BASED STRATEGIC DETERRENT.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall establish a mission-design
series popular name for the ground-based strategic deterrent,
consistent with the procedures set forth in Department of
Defense Directive 4120.15 (relating to designating and naming
military aerospace vehicles).
(b) Notification.--Not later than 10 days after completing
the requirement under subsection (a), the Secretary of the
Air Force shall
[[Page H7084]]
notify the congressional defense committees of the completion
of the requirement.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any
action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1640. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF INFORMATION RELATING TO PROPOSED
BUDGET FOR NUCLEAR-ARMED SEA-LAUNCHED CRUISE
MISSILE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the
Department of Defense for travel by any personnel of the
Office of the Secretary of the Navy, not more than 75 percent
may be obligated or expended until the Secretary of the Navy
submits to the congressional defense committees all written
communications from or to personnel of the Department of the
Navy regarding the proposed budget amount or limitation for
the nuclear-armed sea-launched cruise missile contained in
the defense budget materials (as defined by section 231(f) of
title 10, United States Code) relating to the Navy for fiscal
year 2023.
SEC. 1641. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF INFORMATION RELATING TO NUCLEAR-
ARMED SEA-LAUNCHED CRUISE MISSILE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the
Department of Defense for travel by any personnel of the
Office of the Secretary of Defense (other than travel by the
Secretary of Defense or the Deputy Secretary of Defense), not
more than 75 percent may be obligated or expended until the
Secretary--
(1) submits to the congressional defense committees the
analysis of alternatives for the nuclear-armed sea-launched
cruise missile; and
(2) provides to such committees a briefing on such analysis
of alternatives.
SEC. 1642. ANNUAL CERTIFICATION ON READINESS OF MINUTEMAN III
INTERCONTINENTAL BALLISTIC MISSILES.
Not later than March 1, 2022, and annually thereafter until
the date on which the ground-based strategic deterrent weapon
achieves initial operating capability, the Chairman of the
Joint Chiefs of Staff shall certify to the congressional
defense committees whether the state of the readiness of
Minuteman III intercontinental ballistic missiles requires
placing heavy bombers equipped with nuclear gravity bombs or
air-launched nuclear cruise missiles, and associated
refueling tanker aircraft, on alert status.
SEC. 1643. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to
clarify the nuclear deterrence policy and strategy of the
United States for the near term, the Secretary of Defense,
acting through the Under Secretary of Defense for Policy and
the Vice Chairman of the Joint Chiefs of Staff, shall conduct
a comprehensive review of the nuclear posture of the United
States for the five- and 10-year periods following the date
of the review. The Secretary shall conduct the review in
consultation with the Secretary of Energy, the Secretary of
State, and the Director of National Intelligence.
(b) Elements of Review.--The nuclear posture review under
subsection (a) shall include the following elements:
(1) An assessment of the current and projected nuclear
capabilities of Russia and China, and such other potential
threats as the Secretary considers appropriate.
(2) The role of nuclear forces in military strategy,
planning, and programming of the United States.
(3) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(4) The relationship among United States nuclear deterrence
policy, targeting strategy, and arms control objectives.
(5) The role that missile defenses, conventional strike
forces, and other capabilities play in determining the role
and size of nuclear forces.
(6) The levels and composition of the nuclear delivery
systems that will be required for implementing the national
and military strategy of the United States, including ongoing
plans for replacing existing systems.
(7) The nuclear weapons complex that will be required for
implementing such national and military strategy, including
ongoing plans to modernize the complex.
(8) The active and inactive nuclear weapons stockpile that
will be required for implementing the such national and
military strategy, including ongoing plans for replacing or
modifying warheads.
(c) Report.--Concurrent with the national defense strategy
required to be submitted under section 113(g) of title 10,
United States Code, in 2022, the Secretary shall submit to
the congressional defense committees a report on the results
of the nuclear posture review conducted under subsection (a).
The report shall be submitted in unclassified and classified
forms as necessary.
SEC. 1644. REVIEW OF SAFETY, SECURITY, AND RELIABILITY OF
NUCLEAR WEAPONS AND RELATED SYSTEMS.
(a) Findings.--Congress finds the following:
(1) On December 20, 1990, Secretary of Defense Cheney
chartered a five-person independent committee known as the
Federal Advisory Committee on Nuclear Failsafe and Risk
Reduction to assess the capability of the nuclear weapon
command and control system to meet the dual requirements of
assurance against unauthorized use of nuclear weapons and
assurance of timely, reliable execution when authorized, and
to identify opportunities for positive measures to enhance
failsafe features.
(2) The Federal Advisory Committee, chaired by Ambassador
Jeane J. Kirkpatrick, recommended changes in the nuclear
enterprise, as well as policy proposals to reduce the risks
posed by unauthorized launches and miscalculation.
(3) The Federal Advisory Committee found, unambiguously,
that ``failsafe and oversight enhancements are possible''.
(4) Since 1990, new threats to the nuclear enterprise have
arisen in the cyber, space, and information warfare domains.
(5) Ensuring the continued assurance of the nuclear
command, control, and communications infrastructure is
essential to the national security of the United States.
(b) Review.--The Secretary of Defense shall provide for the
conduct of an independent review of the safety, security, and
reliability of covered nuclear systems. The Secretary shall
ensure that such review is conducted in a manner similar to
the review conducted by the Federal Advisory Committee on
Nuclear Failsafe and Risk Reduction.
(c) Matters Included.--The review conducted pursuant to
subsection (b) shall include the following:
(1) Plans for modernizing the covered nuclear systems,
including options and recommendations for technical,
procedural, and policy measures that could strengthen
safeguards, improve the security and reliability of digital
technologies, and prevent cyber-related and other risks that
could lead to the unauthorized or inadvertent use of nuclear
weapons as the result of an accident, misinterpretation,
miscalculation, terrorism, unexpected technological
breakthrough, or deliberate act.
(2) Options and recommendations for nuclear risk reduction
measures, focusing on confidence building and predictability,
that the United States could carry out alone or with near-
peer adversaries to strengthen safeguards against the
unauthorized or inadvertent use of a nuclear weapon and to
reduce nuclear risks.
(d) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the review conducted
pursuant to subsection (b).
(e) Previous Review.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees the final report of the
Federal Advisory Committee on Nuclear Failsafe and Risk
Reduction.
(f) Covered Nuclear Systems Defined.--In this section, the
term ``covered nuclear systems'' means the following systems
of the United States:
(1) The nuclear weapons systems.
(2) The nuclear command, control, and communications
system.
(3) The integrated tactical warning/attack assessment
system.
SEC. 1645. LONG-RANGE STANDOFF WEAPON.
(a) Requirement.--In addition to the requirements under
section 2366c of title 10, United States Code, prior to
awarding a procurement contract for the long-range standoff
weapon, the Secretary of the Air Force, in coordination with
the Under Secretary of Defense for Acquisition and
Sustainment, shall submit to the congressional defense
committees each of the following:
(1) A certification that the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, includes, or will include, estimated funding for
the program in the amounts specified in the independent
estimated cost submitted to the congressional defense
committees under subsection (a)(2) of such section 2366c.
(2) A copy of the justification and approval documentation
regarding the determination by the Secretary to award a sole-
source contract for the program, including with respect to
how the Secretary will manage the cost of the program in the
absence of competition.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
provide to the congressional defense committees a briefing on
the execution of the engineering and manufacturing
development contract for the long-range standoff weapon,
including with respect to--
(1) how the timely development of the long-range standoff
weapon may serve as a hedge to delays in other nuclear
modernization efforts;
(2) the effects of potential delays in the W80-4 warhead
program on the ability of the long-range standoff weapon to
achieve the initial operational capability schedule under
section 217 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 706), as most
recently amended by section 1668 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1774);
(3) options to adjust the budget profile of the long-range
standoff weapon program to ensure the program remains on
schedule; and
(4) a plan to ensure best value to the United States once
the programs enter into procurement.
[[Page H7085]]
SEC. 1646. GROUND-BASED STRATEGIC DETERRENT DEVELOPMENT
PROGRAM ACCOUNTABILITY MATRICES.
(a) In General.--Concurrent with the submission to Congress
of the budget of the President for fiscal year 2023 and each
fiscal year thereafter pursuant to section 1105(a) of title
31, United States Code, the Secretary of the Air Force shall
submit to the congressional defense committees and the
Comptroller General of the United States the matrices
described in subsection (b) relating to the ground-based
strategic deterrent weapon system.
(b) Matrices Described.--The matrices described in this
subsection are the following:
(1) Engineering and manufacturing development goals.--A
matrix that identifies, in six-month increments, key
milestones, development events, and specific performance
goals for the engineering and manufacturing development phase
of the ground-based strategic deterrent weapon system, which
shall be subdivided, at a minimum, according to the
following:
(A) Technology maturity, including technology readiness
levels of major components and key demonstration events
leading to technology readiness level 7 full maturity.
(B) Design maturity for the missile, weapon system command
and control, and ground systems.
(C) Software maturity, including key events and metrics.
(D) Manufacturing maturity, including manufacturing
readiness levels for critical manufacturing operations and
key demonstration events.
(E) The schedule with respect to the following:
(i) Ground-based strategic deterrent weapon system level
critical path events and margins.
(ii) Separate individual critical path events and margins
for each of the following major events:
(I) First flight.
(II) First functional test.
(III) Weapon system qualification.
(IV) Combined certifications.
(V) Operational weapon system article.
(VI) Initial operational capability.
(VII) Wing A completion.
(F) Personnel, including planned and actual staffing for
the program office and for contractor and supporting
organizations, including for testing, nuclear certification,
and civil engineering by the Air Force.
(G) Reliability, including growth plans and key milestones.
(2) Cost.--
(A) In general.--The following matrices relating to the
cost of the ground-based strategic deterrent weapon system:
(i) A matrix expressing, in six-month increments, the total
cost for the engineering and manufacturing development phase
and low-rate initial production lots of the ground-based
strategic deterrent weapon system.
(ii) A matrix expressing the total cost for the prime
contractor's estimate for the engineering and manufacturing
development phase and production lots.
(B) Phasing and subdivision of matrices.--The matrices
described in clauses (i) and (ii) of subparagraph (A) shall
be--
(i) phased over the entire engineering and manufacturing
development period; and
(ii) subdivided according to the costs of the primary
subsystems in the ground-based strategic deterrent weapon
system work breakdown structure.
(c) Semi-annual Updates of Matrices.--Not later than 180
days after the date on which the Secretary submits the
matrices described in subsection (b) for a year as required
by subsection (a), the Secretary shall submit to the
congressional defense committees and the Comptroller General
updates to the matrices.
(d) Treatment of the First Matrices as Baseline.--
(1) In general.--The first set of matrices submitted under
subsection (a) shall be treated as the baseline for the full
engineering and manufacturing development phase and low-rate
initial production of the ground-based strategic deterrent
weapon system program for purposes of updates submitted under
subsection (c) and subsequent matrices submitted under
subsection (a).
(2) Elements.--After the submission of the first set of
matrices required by subsection (a), each update submitted
under subsection (c) and each subsequent set of matrices
submitted under subsection (a) shall--
(A) clearly identify changes in key milestones, development
events, and specific performance goals identified in the
first set of matrices; and
(B) provide updated cost estimates.
(e) Assessment by Comptroller General of the United
States.--Not later than 60 days after receiving the matrices
described in subsection (b) for a year as required by
subsection (a), the Comptroller General shall assess the
acquisition progress made with respect to the ground-based
strategic deterrent weapon system and brief the congressional
defense committees on the results of that assessment.
(f) Termination.--The requirements of this section shall
terminate on the date that is one year after the ground-based
strategic deterrent weapon system achieves initial
operational capability.
SEC. 1647. INFORMATION REGARDING REVIEW OF MINUTEMAN III
SERVICE LIFE EXTENSION PROGRAM OR OPTIONS FOR
THE FUTURE OF THE INTERCONTINENTAL BALLISTIC
MISSILE FORCE.
(a) Requirement.--The Secretary of Defense shall submit to
the congressional defense committees all--
(1) scoping documents relating to any covered review; and
(2) reports or other documents relating to any such review.
(b) Timing.--The Secretary shall submit the documents and
reports under subsection (a) by the date that is the later of
the following:
(1) 15 days after the date on which the documents or
reports are produced.
(2) 15 days after the date of the enactment of this Act.
(c) Covered Review.--In this section, the term ``covered
review'' means any review initiated in 2021 or 2022 by any
entity pursuant to an agreement or contract with the Federal
Government regarding--
(1) a service life extension program for Minuteman III
intercontinental ballistic missiles; or
(2) the future of the intercontinental ballistic missile
force.
SEC. 1648. NOTIFICATION REGARDING INTERCONTINENTAL BALLISTIC
MISSILES OF CHINA.
(a) Requirement.--If the Commander of the United States
Strategic Command determines that the number of
intercontinental ballistic missiles in the active inventory
of China exceeds the number of intercontinental ballistic
missiles in the active inventory of the United States, the
number of nuclear warheads equipped on such missiles of China
exceeds the number of nuclear warheads equipped on such
missiles of the United States, or the number of
intercontinental ballistic missile launchers in China exceeds
the number of intercontinental ballistic missile launchers in
the United States, the Commander shall submit to the
congressional defense committees--
(1) a notification of such determination;
(2) an assessment of the composition of the
intercontinental ballistic missiles of China, including the
types of nuclear warheads equipped on such missiles; and
(3) a strategy for deterring China.
(b) Form.--The notification under paragraph (1) of
subsection (a) shall be submitted in unclassified form, and
the assessment and strategy under paragraphs (2) and (3) of
such subsection may be submitted in classified form.
(c) Termination.--The requirement under subsection (a)
shall terminate on the date that is four years after the date
of the enactment of this Act.
SEC. 1649. INDEPENDENT REVIEW OF NUCLEAR COMMAND, CONTROL,
AND COMMUNICATIONS SYSTEM.
(a) Review.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct a review of the current plans,
policies, and programs of the nuclear command, control, and
communications system of the Department of Defense, and such
plans, policies, and programs that are planned for the 10-
and 30-year periods following such date of enactment.
(b) Matters Included.--The review under subsection (a)
shall include a review of each of the following:
(1) The plans, policies, and programs described in such
subsection.
(2) The operational, organizational, programmatic, and
acquisition challenges and risks with respect to--
(A) maintaining the existing nuclear command, control, and
communications system; and
(B) the nuclear command, control, and communications system
to be fielded during the 10-year period following the date of
the enactment of this Act.
(3) Emerging technologies and how such technologies may be
applied to the next generation of the nuclear command,
control, and communications system during the 30-year period
following the date of the enactment of this Act to ensure--
(A) the survivability of the system; and
(B) the capability of the system with respect to--
(i) decisionmaking;
(ii) situation monitoring;
(iii) planning;
(iv) force direction; and
(v) force management.
(4) The security and surety of the nuclear command,
control, and communications system.
(5) Threats to the nuclear command, control, and
communications system that may occur and the ability to
detect and mitigate such threats during the 10- and 30-year
periods following the date of the enactment of this Act.
(c) Briefing.--Not later than September 1, 2022, the
federally funded research and development center that
conducts the review under subsection (a) shall provide the
congressional defense committees an interim briefing on the
review under subsection (a).
(d) Report.--Not later than March 1, 2023, the federally
funded research and development center that conducts the
review under subsection (a) shall submit to the Secretary and
the congressional defense committees a report containing the
review under such subsection.
SEC. 1650. REVIEW OF ENGINEERING AND MANUFACTURING
DEVELOPMENT CONTRACT FOR GROUND-BASED STRATEGIC
DETERRENT PROGRAM.
(a) Review.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall seek to enter into a
contract with a federally funded research and development
center to conduct a review of the implementation and the
execution of the engineering and manufacturing development
phase for the ground-based strategic deterrent program.
(2) Matters included.--The review under paragraph (1) shall
include the following:
(A) An analysis of the ability of the Air Force to
implement industry best practices regarding digital
engineering during the engineering and manufacturing
development phase of the ground-based strategic deterrent
program.
(B) An assessment of the opportunities offered by the
adoption by the Air Force of digital engineering processes
and of the challenges the Air
[[Page H7086]]
Force faces in implementing such industry best practices.
(C) A review of the ability of the Air Force to leverage
digital engineering during such engineering and manufacturing
development phase.
(D) A review of any options that may be available to the
Air Force during the engineering and manufacturing
development phase of the ground-based strategic deterrent
program to--
(i) reduce cost and introduce long-term sustainment
efficiencies; and
(ii) stimulate competition within the operations and
maintenance phase of the program.
(E) Recommendations to improve the cost, schedule, and
program management of the engineering and manufacturing
development phase for the ground-based strategic deterrent
program.
(3) Provision of information.--The Secretary shall provide
to the individuals conducting the review under paragraph (1)
all information necessary for the review.
(4) Security clearances.--The Secretary shall ensure that
each individual who conducts the review under paragraph (1)
holds a security clearance at the appropriate level for such
review.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the
review under subsection (a)(1). The report shall be submitted
in unclassified form and shall include a classified annex.
(c) Briefing.--Not later than 90 days after the date on
which the Secretary submits the report under subsection (b),
the Secretary shall provide to the congressional defense
committees a briefing on--
(1) plans of the Air Force for implementing any of the
recommendations contained in the review under subsection
(a)(1); and
(2) an explanation for rejecting any recommendations
contained in the review that the Secretary elects not to
implement.
SEC. 1651. REPORT ON RE-ALERTING LONG-RANGE BOMBERS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report containing--
(1) a cost estimate with respect to re-alerting long-range
bombers and air refueling tanker aircraft in the absence of a
ground-based leg of the nuclear triad; and
(2) an assessment of the impact of such re-alerting on
force readiness.
SEC. 1652. COMPTROLLER GENERAL STUDY AND UPDATED REPORT ON
NUCLEAR WEAPONS CAPABILITIES AND FORCE
STRUCTURE REQUIREMENTS.
(a) Comptroller General Study Required.--The Comptroller
General of the United States shall conduct a study on the
strategic nuclear weapons capabilities, force structure,
employment policy, and targeting requirements of the
Department of Defense.
(b) Matters Covered.--The study conducted under subsection
(a) shall, at minimum, consist of an update to the report of
the Comptroller General titled ``Strategic Weapons: Changes
in the Nuclear Weapons Targeting Process Since 1991'' (GAO-
12-786R) and dated July 31, 2012, including covering any
changes to--
(1) how the Department of Defense has assessed threats and
modified its nuclear deterrence policy;
(2) targeting and employment guidance from the President,
the Secretary of Defense, the Chairman of the Joint Chiefs of
Staff, and the Commander of United States Strategic Command;
(3) nuclear weapons planning and targeting, including
categories and types of targets;
(4) strategic nuclear forces, including the stockpile,
force posture, and modernization;
(5) the level of civilian oversight;
(6) the relationship between targeting and requirements;
and
(7) any other matters considered appropriate by the
Comptroller General.
(c) Reporting.--
(1) Briefing on preliminary findings.--Not later than March
31, 2022, the Comptroller General shall provide to the
congressional defense committees a briefing on the
preliminary findings of the study conducted under subsection
(a).
(2) Final report.--The Comptroller General shall submit to
the congressional defense committees a final report on the
findings of the study conducted under subsection (a) at a
time agreed to by the Comptroller General and the
congressional defense committees at the briefing required by
paragraph (1).
(3) Form.--The briefing required by paragraph (1) may be
provided, and the report required by paragraph (2) may be
submitted, in classified form.
(d) Cooperation.--The Secretary of Defense and the
Secretary of Energy shall provide the Comptroller General
with full cooperation and access to appropriate officials,
guidance, and documentation for the purposes of conducting
the study required by subsection (a).
SEC. 1653. BRIEFING ON CONSULTATIONS WITH UNITED STATES
ALLIES REGARDING NUCLEAR POSTURE REVIEW.
(a) In General.--Not later than the date on which the
Secretary of Defense issues the first Nuclear Posture Review
after the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State, shall
provide to the appropriate congressional committees, the
Majority and Minority Leaders of the Senate, and the Speaker
and Minority Leader of the House of Representatives a
briefing on all consultations with allies of the United
States regarding the Nuclear Posture Review.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) A listing of all countries consulted with respect to
the Nuclear Posture Review, including the dates and
circumstances of each such consultation and the countries
present.
(2) An overview of the topics and concepts discussed with
each such country during such consultations, including any
discussion of potential changes to the nuclear declaratory
policy of the United States.
(3) An opportunity for the committees and officials
referred to in subsection (a) to view documents relating to
such consultations.
(4) A summary of any feedback provided during such
consultations.
(c) Form.--The briefing required by subsection (a) shall be
conducted in both in an unclassified and classified format.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
Subtitle D--Missile Defense Programs
SEC. 1661. NOTIFICATION OF CHANGES TO NON-STANDARD
ACQUISITION AND REQUIREMENTS PROCESSES AND
RESPONSIBILITIES OF MISSILE DEFENSE AGENCY.
(a) Notice and Wait Requirement.--Section 205 of title 10,
United States Code, is amended--
(1) by striking ``The Director'' and inserting ``(a)
Appointment of Director.--The Director''; and
(2) by adding at the end the following new subsection:
``(b) Notification of Changes to Non-standard Acquisition
and Requirements Processes and Responsibilities.--(1) The
Secretary of Defense may not make any changes to the missile
defense non-standard acquisition and requirements processes
and responsibilities unless, with respect to those proposed
changes--
``(A) the Secretary, without delegation, has taken each of
the actions specified in paragraph (2); and
``(B) a period of 120 days has elapsed following the date
on which the Secretary submits the report under subparagraph
(C) of such paragraph.
``(2) If the Secretary proposes to make changes to the
missile defense non-standard acquisition and requirements
processes and responsibilities, the Secretary shall--
``(A) consult with the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense
for Policy, the Secretaries of the military departments, the
Chairman of the Joint Chiefs of Staff, the Commander of the
United States Strategic Command, the Commander of the United
States Northern Command, and the Director of the Missile
Defense Agency, regarding the changes;
``(B) certify to the congressional defense committees that
the Secretary has coordinated the changes with, and received
the views of, the individuals referred to in subparagraph
(A);
``(C) submit to the congressional defense committees a
report that contains--
``(i) a description of the changes, the rationale for the
changes, and the views of the individuals referred to in
subparagraph (A) with respect to the changes;
``(ii) a certification that the changes will not impair the
missile defense capabilities of the United States nor degrade
the unique special acquisition authorities of the Missile
Defense Agency; and
``(iii) with respect to any such changes to Department of
Defense Directive 5134.09, or successor directive issued in
accordance with this subsection, a final draft of the
proposed modified directive, both in an electronic format and
in a hard copy format; and
``(D) with respect to any such changes to Department of
Defense Directive 5134.09, or successor directive issued in
accordance with this subsection, provide to such committees a
briefing on the proposed modified directive described in
subparagraph (C)(iii).
``(3) In this subsection, the term `non-standard
acquisition and requirements processes and responsibilities'
means the processes and responsibilities described in--
``(A) the memorandum of the Secretary of Defense titled
`Missile Defense Program Direction' signed on January 2,
2002, as in effect on the date of the enactment of this
subsection or as modified in accordance with this subsection,
or any successor memorandum issued in accordance with this
subsection;
``(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this subsection (without
regard to any modifications described in Directive-type
Memorandum 20-002 of the Deputy Secretary of Defense, or any
amendments or extensions thereto made before the date of such
enactment), or as modified in accordance with this
subsection, or any successor directive issued in accordance
with this subsection; and
``(C) United States Strategic Command Instruction 538-3
titled `MD Warfighter Involvement Process', as in effect on
the date of the enactment of this subsection or as modified
in accordance with this subsection, or any successor
instruction issued in accordance with this subsection.''.
(b) Conforming Amendments.--
(1) FY20 ndaa.--Section 1688 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1787) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(2) FY21 ndaa.--Section 1641 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4061) is amended--
[[Page H7087]]
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
SEC. 1662. LIMITATION ON MISSILE DEFENSE AGENCY PRODUCTION OF
SATELLITES AND GROUND SYSTEMS ASSOCIATED WITH
OPERATION OF SUCH SATELLITES.
(a) Limitation.--
(1) Production of satellites and ground systems.--The
Director of the Missile Defense Agency may not authorize or
obligate funding for a program of record for the production
of satellites or ground systems associated with the operation
of such satellites.
(2) Prototype satellites.--
(A) Authority.--The Director, with the concurrence of the
Space Acquisition Council established by section 9021 of
title 10, United States Code, may authorize the production of
one or more prototype satellites, consistent with the
requirements of the Missile Defense Agency.
(B) Report.--Not later than 30 days after the date on which
the Space Acquisition Council concurs with the Director with
respect to authorizing the production of a prototype
satellite under subparagraph (A), the chair of the Council
shall submit to the congressional defense committees a report
explaining the reasons for such concurrence.
(C) Obligation of funds.--The Director may not obligate
funds for the production of a prototype satellite under
subparagraph (A) before the date on which the Space
Acquisition Council submits the report for such prototype
satellite under subparagraph (B).
(b) Hypersonic and Ballistic Missile Tracking Space
Sensor.--Section 1645 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Waiver of Certain Limitation.--The Assistant
Secretary of the Air Force for Space Acquisition and
Integration, acting as the chair of the Space Acquisition
Council, may waive the limitation in section 1662 of the
National Defense Authorization Act for Fiscal Year 2022, with
respect to the hypersonic and ballistic missile tracking
space sensor program if the Assistant Secretary--
``(1) determines that such limitation would delay the
delivery of an operational hypersonic and ballistic missile
tracking space sensor because of technical, cost, or schedule
factors; and
``(2) submits to the congressional defense committees--
``(A) the technical, schedule, or cost rationale for the
waiver;
``(B) an acquisition strategy for the hypersonic and
ballistic missile tracking space sensor program that is
signed by both the Director and the Assistant Secretary; and
``(C) a lead service agreement entered into by the Director
and the Chief of Space Operations regarding the operation and
sustainment of the hypersonic and ballistic missile tracking
space sensor and the integration of the sensor into the
architecture of the Space Force.''.
SEC. 1663. EXTENSION OF PERIOD FOR TRANSITION OF BALLISTIC
MISSILE DEFENSE PROGRAMS TO MILITARY
DEPARTMENTS.
Section 1676(b)(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431
note) is amended by striking ``the date on which the budget
of the President for fiscal year 2023 is submitted under
section 1105 of title 31, United States Code,'' and
inserting, ``October 1, 2023,''.
SEC. 1664. DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND
HYPERSONIC MISSILE DEFENSE.
(a) Authority of the Missile Defense Agency.--The Secretary
of Defense shall delegate to the Director of the Missile
Defense Agency the authority to budget for, direct, and
manage directed energy programs applicable for ballistic and
hypersonic missile defense missions, in coordination with
other directed energy efforts of the Department of Defense.
(b) Prioritization.--In budgeting for and directing
directed energy programs applicable for ballistic and
hypersonic defensive missions pursuant to subsection (a), the
Director of the Missile Defense Agency shall--
(1) prioritize the early research and development of
technologies; and
(2) address the transition of such technologies to industry
to support future operationally relevant capabilities.
SEC. 1665. GUAM INTEGRATED AIR AND MISSILE DEFENSE SYSTEM.
(a) Architecture and Acquisition.--The Secretary of
Defense, acting through the Director of the Missile Defense
Agency, and in coordination with the Commander of the United
States Indo-Pacific Command, shall identify the architecture
and acquisition approach for implementing a 360-degree
integrated air and missile defense capability to defend the
people, infrastructure, and territory of Guam from the scope
and scale of advanced cruise, ballistic, and hypersonic
missile threats that are expected to be fielded during the
10-year period beginning on the date of the enactment of this
Act.
(b) Requirements.--The architecture identified under
subsection (a) shall have the ability to--
(1) integrate, while maintaining high kill chain
performance against advanced threats, all applicable--
(A) multi-domain sensors that contribute substantively to
track quality and track custody;
(B) interceptors; and
(C) command and control systems;
(2) address robust discrimination and electromagnetic
compatibility with other sensors;
(3) engage directly, or coordinate engagements with other
integrated air and missile defense systems, to defeat the
spectrum of cruise, ballistic, and hypersonic threats
expected to be fielded during the 10-year period beginning on
the date of the enactment of this Act;
(4) leverage existing programs of record to expedite the
development and deployment of the architecture during the
five-year period beginning on the date of the enactment of
this Act, with an objective of achieving initial operating
capability in 2025, including with respect to--
(A) the Aegis ballistic missile defense system;
(B) standard missile-3 and -6 variants;
(C) the terminal high altitude area defense system;
(D) the Patriot air and missile defense system;
(E) the integrated battle control system; and
(F) the lower tier air and missile defense sensor and other
lower tier capabilities, as applicable;
(5) integrate future systems and interceptors, including
directed energy-based kill systems, that will also have the
capability to detect, track, and defeat hypersonic missiles
in the glide and terminal phases, including integration of
passive measures to protect assets in Guam; and
(6) incentivize competition within the acquisition of the
architecture and rapid procurement and deployment wherever
possible.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the architecture
and acquisition approach identified under subsection (a),
including--
(1) an assessment of the development and implementation
risks associated with each of the elements identified under
subsection (b); and
(2) a plan for expending funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for such architecture.
(d) 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 Office of Cost
Assessment and Program Evaluation, not more than 80 percent
may be obligated or expended until the date on which the
Secretary of Defense submits to the congressional defense
committees the report under subsection (c).
SEC. 1666. MISSILE DEFENSE RADAR IN HAWAII.
As a part of the defense budget materials (as defined in
section 239 of title 10, United States Code) for fiscal year
2023, the Director of the Missile Defense Agency shall
certify to the congressional defense committees that--
(1) the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in 2022
includes adequate amounts of estimated funding to develop,
construct, test, and integrate into the missile defense
system the discrimination radar for homeland defense planned
to be located in Hawaii; and
(2) such radar and associated in-flight interceptor
communications system data terminal will be operational by
not later than December 31, 2028.
SEC. 1667. CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO
TOUR CERTAIN MISSILE DEFENSE SITES.
(a) Certification.--Before the Secretary of Defense makes a
determination with respect to allowing a foreign national of
Russia or China to tour a covered site, the Secretary shall
submit to the congressional defense committees a
certification that--
(1) the Secretary has determined that such tour is in the
national security interest of the United States, including
the justifications for such determination; and
(2) the Secretary will not share any technical data
relating to the covered site with the foreign nationals.
(b) Timing.--The Secretary may not conduct a tour described
in subsection (a) until a period of 45 days has elapsed
following the date on which the Secretary submits the
certification for that tour under such subsection.
(c) Construction With Other Requirements.--Nothing in this
section shall be construed to supersede or otherwise affect
section 130h of title 10, United States Code.
(d) Covered Site.--In this section, the term ``covered
site'' means any of the following:
(1) The combat information center of a naval ship equipped
with the Aegis ballistic missile defense system.
(2) An Aegis Ashore site.
(3) A terminal high altitude area defense battery.
(4) A ground-based midcourse defense interceptor silo.
SEC. 1668. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE
OF THE UNITED STATES HOMELAND.
(a) Funding Plan.--The Director of the Missile Defense
Agency shall develop a funding plan that includes funding
lines across the future-years defense program under section
221 of title 10, United States Code, for the next generation
interceptor that--
(1) while applying lessons learned from the redesigned kill
vehicle program, incorporating recommendations from the
Comptroller General of the United States, and implementing
``fly-before-you-buy'' principles, produces and begins
deployment of the next generation interceptor as early as
practicable;
(2) includes acquiring at least 20 operational next
generation interceptors; and
(3) includes transition plans to replace the current
inventory of silo-based boosters with follow-on systems prior
to the end of the useful lifecycle of the boosters.
(b) Report on Funding Profile.--The Director shall include
with the budget justification materials submitted to Congress
in support of the budget of the Department of Defense for
fiscal year 2023 (as submitted with the budget of
[[Page H7088]]
the President under section 1105(a) of title 31, United
States Code) a report on the funding profile necessary for
the next generation interceptor program through the date on
which the program achieves full operational capability.
(c) Congressional Notification of Cancellation
Requirement.--Not later than 30 days prior to any final
decision to cancel the next generation interceptor program,
the Director shall provide to the congressional defense
committees a briefing on such decision, including--
(1) a justification for the decision; and
(2) an analysis of the national security risk that the
Director accepts by reason of cancelling such program.
(d) Inclusion in Required Flight Tests.--Section 1689(a) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 2431 note) is amended by
adding after the period at the end the following new
sentence: ``Beginning not later than five years after the
date on which the next generation interceptor achieves
initial operational capability, the Director shall ensure
that such flight tests include the next generation
interceptor.''.
(e) Report.--Not later than the date of on which the
Director approves the next generation interceptor program to
enter the initial production phase of the acquisition
process, the Director shall submit to the congressional
defense committees a report outlining estimated annual costs
for conducting annual, operationally relevant flight testing
to evaluate the reliability of the system developed under
such program, including associated production costs for
procuring sufficient flight systems to support such testing
for the projected life of the system.
(f) Program Accountability Matrices.--
(1) Requirement.--Concurrent with the submission to
Congress of the budget of the President for fiscal year 2023
and each fiscal year thereafter pursuant to section 1105(a)
of title 31, United States Code, the Director shall submit to
the congressional defense committees and the Comptroller
General of the United States the matrices described in
paragraph (2) relating to the next generation interceptor
program.
(2) Matrices described.--The matrices described in this
subsection are the following:
(A) Technology and product development goals.--A matrix
that identifies, in six-month increments, key milestones,
development events, and specific performance goals for the
technology development phase of the next generation
interceptor program, which shall be subdivided, at a minimum,
according to the following:
(i) Technology maturity, including technology readiness
levels of major interceptor components and key demonstration
events leading to full maturity.
(ii) Design maturity, including key events and metrics, at
the interceptor all up round level and major interceptor
component level.
(iii) Parts testing, including key events and metrics for
vetting parts and components through a parts, materials, and
processes mission assurance plan.
(iv) Software maturity, including key events and metrics,
at the all up round level and major interceptor component
level for the interceptor.
(v) Manufacturing maturity, including manufacturing
readiness levels for critical manufacturing operations and
key demonstration events.
(vi) Schedule, with respect to key program milestones,
critical path events, and margins.
(vii) Reliability, including growth plans and key
milestones.
(viii) Developmental testing and cybersecurity.
(ix) Any other technology and product development goals the
Director determines to be appropriate.
(B) Cost.--
(i) In general.--The following matrices relating to the
cost of the next generation interceptor program:
(I) A matrix expressing, in six-month increments, the total
cost for the technology development phase.
(II) A matrix expressing the total cost for each of the
contractors' estimates for the technology development phase.
(ii) Phasing and subdivision of matrices.--The matrices
described in clauses (i) and (ii) of subparagraph (B) shall
be--
(I) phased over the entire technology development phase;
and
(II) subdivided according to the costs major interceptor
component of each next generation interceptor configuration.
(C) Stakeholder and independent reviews.--A matrix that
identifies, in six-month increments, plans and status for
coordinating products and obtaining independent reviews for
the next generation interceptor program for the technology
development phase, which shall be subdivided according to the
following:
(i) Performance requirements, including coordinating,
updating, and obtaining approval of the top-level
requirements document.
(ii) Intelligence inputs, processes, and products,
including--
(I) coordinating, updating, and validating the homeland
ballistic missile defense validated online lifecycle threat
with the Director of the Defense Intelligence Agency; and
(II) coordinating and obtaining approval of a lifecycle
mission data plan.
(iii) Independent assessments, including obtaining an
initial and updated--
(I) technical risk assessment; and
(II) cost estimate.
(iv) Models and simulations, including--
(I) obtaining accreditation of interceptor models and
simulations at both the all up round level and subsystem
level from the Ballistic Missile Defense Operational Test
Agency;
(II) obtaining certification of threat models used for
interceptor ground test from the Ballistic Missile Defense
Operational Test Agency; and
(III) obtaining accreditation from the Director of the
Defense Intelligence Agency on all threat models,
simulations, and associated data used to support interceptor
development.
(v) Sustainability and obsolescence, including coordinating
and obtaining approval of a lifecycle sustainment plan.
(vi) Cybersecurity, including coordinating and obtaining
approval of a cybersecurity strategy.
(3) Form.--The matrices submitted under paragraph (2) shall
be in unclassified form, but may contain a classified annex.
(4) Semiannual updates of matrices.--Not later than 180
days after the date on which the Director submits the
matrices described in paragraph (2) for a year as required by
paragraph (1), the Director shall submit to the congressional
defense committees and the Comptroller General updates to the
matrices.
(5) Treatment of the first matrices as baseline.--
(A) In general.--The first set of matrices submitted under
paragraph (1) shall be treated as the baseline for the
technology development phase of the next generation
interceptor program for purposes of updates submitted under
subsection (i) and subsequent matrices submitted under
paragraph (1).
(B) Elements.--After the submission of the first set of
matrices required by paragraph (1), each update submitted
under paragraph (4) and each subsequent set of matrices
submitted under paragraph (1) shall--
(i) clearly identify changes in key milestones, development
events, and specific performance goals identified in the
first set of matrices under subparagraph (A) of paragraph
(2);
(ii) provide updated cost estimates under subparagraph (B)
of such paragraph; and
(iii) provide updated plans and status under subparagraph
(C) of such paragraph.
(6) Assessment by comptroller general of the united
states.--Not later than 60 days after receiving the matrices
described in paragraph (2) for a year as required by
paragraph (1), the Comptroller General shall--
(A) assess the acquisition progress made with respect to
the next generation interceptor program; and
(B) provide to the congressional defense committees a
briefing on the results of that assessment.
(7) Termination.--The requirements of this subsection shall
terminate on the date that is one year after the date on
which the next generation interceptor program is approved to
enter the product development phase.
SEC. 1669. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2022 for
procurement, Defense-wide, and available for the Missile
Defense Agency, not more than $108,000,000 may be provided to
the Government of Israel to procure components for the Iron
Dome short-range rocket defense system through co-production
of such components in the United States by industry of the
United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified Iron
Dome components and Tamir interceptor sub-components, a
certification that the Government of Israel has demonstrated
successful completion of Production Readiness Reviews,
including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2022 for
procurement, Defense-wide, and available for the Missile
Defense Agency, not more than $30,000,000 may be provided to
the Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States
industry for the David's Sling Weapon System is not less than
50 percent.
[[Page H7089]]
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and production readiness
reviews required by the research, development, and technology
agreement and the bilateral co-production agreement for the
David's Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2022 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $62,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow
3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for
the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts and
components and procurement;
(iv) a joint affordability working group to consider cost
reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification
under subsection (c)(2) no later than 30 days before the
funds specified in paragraph (1) of subsections (b) and (c)
for the respective system covered by the certification are
provided to the Government of Israel.
(f) Workshare for Iron Dome Replenishment Efforts.--
(1) Maintenance of agreement.--With respect to
replenishment efforts for the Iron Dome short-range rocket
defense system carried out during fiscal year 2022, the
Secretary of Defense may seek to maintain a workshare
agreement for the United States production of systems that
are covered, as of the date of the enactment of this Act,
under the memorandum of understanding regarding United States
and Israeli cooperation on missile defense.
(2) Briefing.--The Secretary of Defense shall provide to
the appropriate congressional committees a briefing detailing
the terms of any workshare agreements described by paragraph
(1).
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1670. UPDATE OF STUDY ON DISCRIMINATION CAPABILITIES OF
THE BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Update.--The Secretary of Defense shall enter into an
arrangement with the private scientific advisory group known
as JASON under which JASON shall carry out an update to the
study conducted pursuant to section 237 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2236) on the discrimination capabilities
and limitations of the missile defense system of the United
States, including such discrimination capabilities that exist
or are planned as of the date of the update.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the
study.
(c) Form.--The report under subsection (b) may be submitted
in classified form, but shall contain an unclassified
summary.
SEC. 1671. SEMIANNUAL UPDATES ON MEETINGS HELD BY THE MISSILE
DEFENSE EXECUTIVE BOARD.
(a) Semiannual Updates.--Not later than March 1 and
September 1 of each year, the Under Secretary of Defense for
Research and Engineering and the Under Secretary of Defense
for Acquisition and Sustainment, acting in their capacities
as co-chairs of the Missile Defense Executive Board pursuant
to section 1681(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2162), shall provide to the congressional defense
committees a semiannual update including, with respect to the
six-month period preceding the update--
(1) the dates on which the Board met; and
(2) except as provided by subsection (b), a summary of any
decisions made by the Board at each meeting of the Board and
the rationale for and options that informed such decisions.
(b) Exception for Certain Budgetary Matters.--The co-chairs
shall not be required to include in a semiannual update under
subsection (a) the matters described in paragraph (2) of such
subsection with respect to decisions of the Board relating to
the budget of the President for a fiscal year if the budget
for that fiscal year has not been submitted to Congress under
section 1105 of title 31, United States Code, as of the date
of the semiannual update.
(c) Form of Update.--The co-chairs may provide a semiannual
update under subsection (a) either in the form of a briefing
or a written report.
(d) Technical Amendments.--
(1) FY18 ndaa.--Section 1676(c)(3)(B) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 205 note) is amended by striking
``chairman'' and inserting ``chair''.
(2) FY19 ndaa.--Section 1681(c) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2162) is amended--
(A) in the matter preceding paragraph (1), by striking
``chairman'' and inserting ``chair''; and
(B) in paragraph (2), by striking ``co-chairman'' and
inserting ``co-chair''.
SEC. 1672. MATTERS REGARDING INTEGRATED DETERRENCE REVIEW.
(a) Reports.--Not later than 30 days after the date on
which the Integrated Deterrence Review that commenced during
2021 is submitted to the congressional defense committees,
the Secretary of Defense shall submit to the congressional
defense committees the following:
(1) Each final report, assessment, and guidance document
produced by the Department of Defense pursuant to the
Integrated Deterrence Review or during subsequent actions
taken to implement the conclusions of the Integrated
Deterrence Review, including with respect to each covered
review.
(2) A report explaining how each such covered review
differs from the previous such review.
(b) Certifications.--Not later than 30 days after the date
on which a covered review is submitted to the congressional
defense committees, the Chairman of the Joint Chiefs of
Staff, the Vice Chairman of the Joint Chiefs of Staff, and
the Commander of the United States Strategic Command shall
each directly submit to such committees--
(1) a certification regarding whether the Chairman, Vice
Chairman, or Commander, as the case may be, had the
opportunity to provide input into the covered review; and
(2) a description of the degree to which the covered
reviews differ from the military advice contained in such
input (or, if there was no opportunity to provide such input,
would have been contained in the input if so provided).
(c) Covered Review Defined.--In this section, the term
``covered review'' means--
(1) the Missile Defense Review that commenced during 2021;
and
(2) the Nuclear Posture Review that commenced during 2021.
SEC. 1673. 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 Described.--The periods described in this
subsection 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.--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-
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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) Events Spanning Multiple Notification Periods.--Events
that span from one period described in subsection (b) into
another period 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.
(f) Form.--Each notification submitted under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 1674. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE
AGENCY.
Not later than 60 days after the date of the enactment of
this Act, the Director of the Missile Defense Agency shall
submit to the congressional defense committees a report
detailing the following:
(1) The responsibilities of the positions of the Director,
Sea-based Weapons Systems, and the Deputy Director of the
Missile Defense Agency.
(2) The role of the officials who occupy these positions
with respect to the functional combatant commands with
missile defense requirements.
(3) The rationale and benefit of having an official in
these positions who is a general officer or flag officer
versus a civilian.
SEC. 1675. INDEPENDENT STUDY OF ROLES AND RESPONSIBILITIES OF
DEPARTMENT OF DEFENSE COMPONENTS RELATING TO
MISSILE DEFENSE.
(a) Independent Study and Report.--
(1) Contract.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with the National Academy of Public
Administration (in this section referred to as the
``Academy'') for the Academy to perform the services covered
by this subsection.
(2) Study and report.--
(A) Roles and responsibilities.--Under an agreement between
the Secretary and the Academy under this subsection, the
Academy shall carry out an study regarding the roles and
responsibilities of the various components of the Department
of Defense as they pertain to missile defense.
(B) Matters included.--The study required by subparagraph
(A) shall include the following:
(i) A comprehensive assessment and analysis of existing
Department component roles and responsibilities for the full
range of missile defense activities, including establishment
of requirements, research and development, system
acquisition, and operations.
(ii) Identification of gaps in component capability of each
applicability component for performing its assigned missile
defense roles and responsibilities.
(iii) Identification of opportunities for deconflicting
mission sets, eliminating areas of unnecessary duplication,
reducing waste, and improving efficiency across the full
range of missile defense activities.
(iv) Development of a timetable for the implementation of
the opportunities identified under clause (iii).
(v) Development of recommendations for such legislative or
administrative action as the Academy considers appropriate
pursuant to carrying out clauses (i) through (iv).
(vi) Such other matters as the Secretary may require.
(C) Report.--
(i) Requirement.--Not later than one year after the date on
which the Secretary and the Academy enter into a contract
under paragraph (1), the Academy shall submit to the
Secretary and the congressional defense committees a report
on the study conducted under subparagraph (A).
(ii) Elements.--The report submitted under clause (i) shall
include the findings of the Academy with respect to the study
carried out under subparagraph (A) and any recommendations
the Academy may have for legislative or administrative action
pursuant to such study.
(3) Alternate contract organization.--
(A) Agreement.--If the Secretary is unable within the time
period prescribed in paragraph (1) to enter into an agreement
described in such paragraph with the Academy on terms
acceptable to the Secretary, the Secretary shall seek to
enter into such an agreement with another appropriate
organization that--
(i) is not part of the Government;
(ii) operates as a not-for-profit entity; and
(iii) has expertise and objectivity comparable to that of
the Academy.
(B) References.--If the Secretary enters into an agreement
with another organization as described in subparagraph (A),
any reference in this subsection to the Academy shall be
treated as a reference to the other organization.
(b) Report by Secretary of Defense.--Not later than 120
days after the date on which the report is submitted pursuant
to subsection (a)(2)(C), the Secretary shall submit to the
congressional defense committees a report on the views of the
Secretary on the findings and recommendations set forth in
the report submitted under such subsection, together with
such recommendations as the Secretary may have for changes in
the structure, functions, responsibilities, and authorities
of the Department.
Subtitle E--Other Matters
SEC. 1681. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $344,849,000 authorized to
be appropriated to the Department of Defense for fiscal year
2022 in section 301 and made available by the funding table
in division D for the Department of Defense Cooperative
Threat Reduction Program established under section 1321 of
the Department of Defense Cooperative Threat Reduction Act
(50 U.S.C. 3711), the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination, $2,997,000.
(2) For chemical weapons destruction, $13,250,000.
(3) For global nuclear security, $17,767,000.
(4) For cooperative biological engagement, $229,022,000.
(5) For proliferation prevention, $58,754,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $23,059,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the
funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2022, 2023, and 2024.
SEC. 1682. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL
COMMUNICATIONS COMMISSION ORDER 20-48.
Section 1664 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or any subsequent fiscal year'' after
``fiscal year 2021''; and
(2) by adding at the end the following new subsections:
``(d) Distribution of Estimate.--As soon as practicable
after submitting an estimate as described in paragraph (1) of
subsection (a) and making the certification described in
paragraph (2) of such subsection, the Secretary shall make
such estimate available to any licensee operating under the
Order and Authorization described in such subsection.
``(e) Authority of Secretary of Defense to Seek Recovery of
Costs.--The Secretary may work directly with any licensee (or
any future assignee, successor, or purchaser) affected by the
Order and Authorization described in subsection (a) to seek
recovery of costs incurred by the Department as a result of
the effect of such order and authorization.
``(f) Reimbursement.--
``(1) In general.--The Secretary shall establish and
facilitate a process for any licensee (or
[[Page H7091]]
any future assignee, successor, or purchaser) subject to the
Order and Authorization described in subsection (a) to
provide reimbursement to the Department, only to the extent
provided in appropriation Acts, for the covered costs and
eligible reimbursable costs submitted and certified to the
congressional defense committees under such subsection.
``(2) Use of funds.--The Secretary shall use any funds
received under this subsection, to the extent and in such
amounts as are provided in advance in appropriation Acts, for
covered costs described in subsection (b) and the range of
eligible reimbursable costs identified under subsection
(a)(1).
``(3) Report.--Not later than 90 days after the date on
which the Secretary establishes the process required by
paragraph (1), the Secretary shall submit to the
congressional defense committees a report on such process.''.
SEC. 1683. ESTABLISHMENT OF OFFICE, ORGANIZATIONAL STRUCTURE,
AND AUTHORITIES TO ADDRESS UNIDENTIFIED AERIAL
PHENOMENA.
(a) Establishment of Office.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Director of National
Intelligence, shall establish an office within a component of
the Office of the Secretary of Defense, or within a joint
organization of the Department of Defense and the Office of
the Director of National Intelligence, to carry out the
duties of the Unidentified Aerial Phenomena Task Force, as in
effect on the day before the date of enactment of this Act,
and such other duties as are required by this section.
(b) Duties.--The duties of the Office established under
subsection (a) shall include the following:
(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents,
including adverse physiological effects, regarding
unidentified aerial phenomena across the Department of
Defense and the intelligence community.
(2) Developing processes and procedures to ensure that such
incidents from each component of the Department and each
element of the intelligence community are reported and
incorporated in a centralized repository.
(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
(4) Evaluating links between unidentified aerial phenomena
and adversarial foreign governments, other foreign
governments, or nonstate actors.
(5) Evaluating the threat that such incidents present to
the United States.
(6) Coordinating with other departments and agencies of the
Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, and the
Department of Energy.
(7) Coordinating with allies and partners of the United
States, as appropriate, to better assess the nature and
extent of unidentified aerial phenomena.
(8) Preparing reports for Congress, in both classified and
unclassified form, including under subsection (i).
(c) Response to and Field Investigations of Unidentified
Aerial Phenomena.--
(1) Designation.--The Secretary, in coordination with the
Director, shall designate one or more line organizations
within the Department of Defense and the intelligence
community that possess appropriate expertise, authorities,
accesses, data, systems, platforms, and capabilities to
rapidly respond to, and conduct field investigations of,
incidents involving unidentified aerial phenomena under the
direction of the head of the Office established under
subsection (a).
(2) Ability to respond.--The Secretary, in coordination
with the Director, shall ensure that each line organization
designated under paragraph (1) has adequate personnel with
the requisite expertise, equipment, transportation, and other
resources necessary to respond rapidly to incidents or
patterns of observations involving unidentified aerial
phenomena of which the Office becomes aware.
(d) Scientific, Technological, and Operational Analyses of
Data on Unidentified Aerial Phenomena.--
(1) Designation.--The Secretary, in coordination with the
Director, shall designate one or more line organizations that
will be primarily responsible for scientific, technical, and
operational analysis of data gathered by field investigations
conducted pursuant to subsection (c) and data from other
sources, including with respect to the testing of materials,
medical studies, and development of theoretical models, to
better understand and explain unidentified aerial phenomena.
(2) Authority.--The Secretary and the Director shall each
issue such directives as are necessary to ensure that the
each line organization designated under paragraph (1) has
authority to draw on the special expertise of persons outside
the Federal Government with appropriate security clearances.
(e) Data; Intelligence Collection.--
(1) Availability of data and reporting on unidentified
aerial phenomena.--The Director and the Secretary shall each,
in coordination with one another, ensure that--
(A) each element of the intelligence community with data
relating to unidentified aerial phenomena makes such data
available immediately to the Office established under
subsection (a) or to an entity designated by the Secretary
and the Director to receive such data; and
(B) military and civilian personnel of the Department of
Defense or an element of the intelligence community, and
contractor personnel of the Department or such an element,
have access to procedures by which the personnel shall report
incidents or information, including adverse physiological
effects, involving or associated with unidentified aerial
phenomena directly to the Office or to an entity designated
by the Secretary and the Director to receive such
information.
(2) Intelligence collection and analysis plan.--The head of
the Office established under subsection (a), acting on behalf
of the Secretary of Defense and the Director of National
Intelligence, shall supervise the development and execution
of an intelligence collection and analysis plan to gain as
much knowledge as possible regarding the technical and
operational characteristics, origins, and intentions of
unidentified aerial phenomena, including with respect to the
development, acquisition, deployment, and operation of
technical collection capabilities necessary to detect,
identify, and scientifically characterize unidentified aerial
phenomena.
(3) Use of resources and capabilities.--In developing the
plan under paragraph (2), the head of the Office established
under subsection (a) shall consider and propose, as the head
determines appropriate, the use of any resource, capability,
asset, or process of the Department and the intelligence
community.
(f) Science Plan.--The head of the Office established under
subsection (a), on behalf of the Secretary and the Director,
shall supervise the development and execution of a science
plan to develop and test, as practicable, scientific theories
to--
(1) account for characteristics and performance of
unidentified aerial phenomena that exceed the known state of
the art in science or technology, including in the areas of
propulsion, aerodynamic control, signatures, structures,
materials, sensors, countermeasures, weapons, electronics,
and power generation; and
(2) provide the foundation for potential future investments
to replicate any such advanced characteristics and
performance.
(g) Assignment of Priority.--The Director, in consultation
with, and with the recommendation of the Secretary, shall
assign an appropriate level of priority within the National
Intelligence Priorities Framework to the requirement to
understand, characterize, and respond to unidentified aerial
phenomena.
(h) Annual Report.--
(1) Requirement.--Not later than October 31, 2022, and
annually thereafter until October 31, 2026, the Director, in
consultation with the Secretary, shall submit to the
appropriate congressional committees a report on unidentified
aerial phenomena.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by the report, the
following information:
(A) All reported unidentified aerial phenomena-related
events that occurred during the one-year period.
(B) All reported unidentified aerial phenomena-related
events that occurred during a period other than that one-year
period but were not included in an earlier report.
(C) An analysis of data and intelligence received through
each reported unidentified aerial phenomena-related event.
(D) An analysis of data relating to unidentified aerial
phenomena collected through--
(i) geospatial intelligence;
(ii) signals intelligence;
(iii) human intelligence; and
(iv) measurement and signature intelligence.
(E) The number of reported incidents of unidentified aerial
phenomena over restricted air space of the United States
during the one-year period.
(F) An analysis of such incidents identified under
subparagraph (E).
(G) Identification of potential aerospace or other threats
posed by unidentified aerial phenomena to the national
security of the United States.
(H) An assessment of any activity regarding unidentified
aerial phenomena that can be attributed to one or more
adversarial foreign governments.
(I) Identification of any incidents or patterns regarding
unidentified aerial phenomena that indicate a potential
adversarial foreign government may have achieved a
breakthrough aerospace capability.
(J) An update on the coordination by the United States with
allies and partners on efforts to track, understand, and
address unidentified aerial phenomena.
(K) An update on any efforts underway on the ability to
capture or exploit discovered unidentified aerial phenomena.
(L) An assessment of any health-related effects for
individuals that have encountered unidentified aerial
phenomena.
(M) The number of reported incidents, and descriptions
thereof, of unidentified aerial phenomena associated with
military nuclear assets, including strategic nuclear weapons
and nuclear-powered ships and submarines.
(N) In consultation with the Administrator for Nuclear
Security, the number of reported incidents, and descriptions
thereof, of unidentified aerial phenomena associated with
facilities or assets associated with the production,
transportation, or storage of nuclear weapons or components
thereof.
(O) In consultation with the Chairman of the Nuclear
Regulatory Commission, the number of reported incidents, and
descriptions thereof, of unidentified aerial phenomena or
drones of unknown origin associated with nuclear power
generating stations, nuclear fuel storage sites, or other
sites or facilities regulated by the Nuclear Regulatory
Commission.
(P) The names of the line organizations that have been
designated to perform the specific functions under
subsections (c) and (d), and the specific functions for which
each such line organization has been assigned primary
responsibility.
[[Page H7092]]
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(i) Semiannual Briefings.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than
semiannually thereafter until December 31, 2026, the head of
the Office established under subsection (a) shall provide to
the congressional committees specified in subparagraphs (A),
(B), and (D) of subsection (l)(1) classified briefings on
unidentified aerial phenomena.
(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving
unidentified aerial phenomena that were reported to the
Unidentified Aerial Phenomena Task Force or to the Office
established under subsection (a) after June 24, 2021,
regardless of the date of occurrence of the incident.
(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph (2)
shall include, at a minimum, all events relating to
unidentified aerial phenomena that occurred during the
previous 180 days, and events relating to unidentified aerial
phenomena that were not included in an earlier briefing.
(4) Instances in which data was not shared.--For each
briefing period, the head of the Office established under
subsection (a) shall jointly provide to the chairman and the
ranking minority member or vice chairman of the congressional
committees specified in subparagraphs (A) and (D) of
subsection (k)(1) an enumeration of any instances in which
data relating to unidentified aerial phenomena was not
provided to the Office because of classification restrictions
on that data or for any other reason.
(j) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the work of the Office established under subsection (a),
including with respect to--
(1) general intelligence gathering and intelligence
analysis; and
(2) strategic defense, space defense, defense of controlled
air space, defense of ground, air, or naval assets, and
related purposes.
(k) Task Force Termination.--Not later than the date on
which the Secretary establishes the Office under subsection
(a), the Secretary shall terminate the Unidentified Aerial
Phenomenon Task Force.
(l) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committees on Armed Services of the House of
Representatives and the Senate.
(B) The Committees on Appropriations of the House of
Representatives and the Senate.
(C) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(D) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(3) The term ``line organization'' means, with respect to a
department or agency of the Federal Government, an
organization that executes programs and activities to
directly advance the core functions and missions of the
department or agency to which the organization is
subordinate, but, with respect to the Department of Defense,
does not include a component of the Office of the Secretary
of Defense.
(4) The term ``transmedium objects or devices'' means
objects or devices that are observed to transition between
space and the atmosphere, or between the atmosphere and
bodies of water, that are not immediately identifiable.
(5) The term ``unidentified aerial phenomena'' means--
(A) airborne objects that are not immediately identifiable;
(B) transmedium objects or devices; and
(C) submerged objects or devices that are not immediately
identifiable and that display behavior or performance
characteristics suggesting that the objects or devices may be
related to the objects or devices described in subparagraph
(A) or (B).
SEC. 1684. DETERMINATION ON CERTAIN ACTIVITIES WITH UNUSUALLY
HAZARDOUS RISKS.
(a) Report Required.--For fiscal years 2022 and 2023, the
Secretary concerned shall prepare a report for each
indemnification request made by a covered contractor with
respect to a contract. Such report shall include the
following elements:
(1) A determination of whether the performance of the
contract includes an unusually hazardous risk (as defined in
this section).
(2) An estimate of the maximum probable loss for claims or
losses arising out of the contract.
(3) Consideration of requiring the covered contractor to
obtain liability insurance to compensate for claims or losses
to the extent such insurance is available under commercially
reasonable terms and pricing, including any limits, sub-
limits, exclusions and other coverage restrictions.
(4) Consideration of not requiring a covered contractor to
obtain liability insurance in amounts greater than amounts
available under commercially reasonable terms and pricing or
the maximum probable loss, whichever is less.
(b) Submission to Congress.--Not later than 90 days after
the date on which the Secretary concerned receives an
indemnification request by a covered contractor during the
period beginning on the date of the enactment of this Act and
ending on September 30, 2023, the Secretary concerned shall
submit to the congressional defense committees the report
required under subsection (a).
(c) Review.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a review of the implementation by the Department of
Defense of section 2354 of title 10, United States Code, and
Executive Order 10789, as amended, pursuant to Public Law 85-
804 (50 U.S.C. 1431 et seq.) with regard to indemnifying a
contractor for the performance of a contract that includes
unusually hazardous risk.
(2) Matters included.--The review required under paragraph
(1) shall include the following:
(A) A determination of the extent to which each Secretary
concerned is implementing such section 2354 and such
Executive Order 10789 consistently.
(B) Identification of discrepancies and potential remedies
in the military departments with respect to such
implementation.
(3) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the findings
of the review under paragraph (1).
(d) Definitions.--In this section:
(1) The term ``covered contractor'' means a current or
prospective prime contractor of the Department of Defense.
(2) The term ``military department'' has the meaning given
in section 101 of title 10, United States Code.
(3) The term ``indemnification request'' means a request
for indemnification made by a covered contractor under
section 2354 of title 10, United States Code, or Executive
Order 10789, as amended, pursuant to public Law 85-804 (50
U.S.C. 1431 et seq.) that includes sufficient supporting
justification to support a determination as required under
those provisions.
(4) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard
when it is operating as a service in the Department of the
Navy; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force and the Space Force.
(5) The term ``unusually hazardous risk'' means risk of
burning, explosion, detonation, flight or surface impact, or
toxic or hazardous material release associated with one or
more of the following products or programs:
(A) Products or programs relating to any hypersonic weapon
system, including boost glide vehicles and air-breathing
propulsion systems.
(B) Products or programs relating to rocket propulsion
systems, including, at a minimum, with respect to rockets,
missiles, launch vehicles, rocket engines or motors or
hypersonic weapons systems using either a solid or liquid
high energy propellant inclusive of any warhead, if any, in
excess of 1000 pounds of the chemical equivalent of TNT.
(C) Products or programs relating to the introduction,
fielding or incorporating of any item containing high energy
propellants, inclusive of any warhead, if any, in excess of
1000 pounds of the chemical equivalent of TNT into any ship,
vessel, submarine, aircraft, or spacecraft.
(D) Products or programs relating to a classified program
where insurance is not available due to the prohibition of
disclosure of classified information to commercial insurance
providers, and without such disclosure access to insurance is
not possible.
(E) Any other product or program for which the contract
under which the product or program is carried out includes a
risk that the contract defines as unusually hazardous.
SEC. 1685. STUDY BY PUBLIC INTEREST DECLASSIFICATION BOARD
RELATING TO CERTAIN TESTS IN THE MARSHALL
ISLANDS.
(a) Study.--The Public Interest Declassification Board
established by section 703 of the Public Interest
Declassification Act of 2000 (50 U.S.C. 3355a) shall conduct
a study on the feasibility of carrying out a declassification
review relating to nuclear weapons, chemical weapons, or
ballistic missile tests conducted by the United States in the
Marshall Islands, including with respect to cleanup
activities and the storage of waste relating to such tests.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Board shall submit to the
Secretary of Defense, the Secretary of Energy, and the
congressional defense committees a report containing the
findings of the study conducted under subsection (a). The
report shall include the following:
(1) The feasibility of carrying out the declassification
review described in such subsection.
(2) The resources required to carry out the
declassification review.
(3) A timeline to complete such the declassification
review.
(4) Any other issues the Board determines relevant.
(c) Comments.--The Secretary of Defense and the Secretary
of Energy may submit to the congressional defense committees
any comments the respective Secretary determines relevant
with respect to the report submitted under subsection (b).
(d) Assistance.--The Secretary of Defense and Secretary of
Energy shall each provide to the Board such assistance as the
Board requests in conducting the study under subsection (a).
SEC. 1686. PROTECTION OF MAJOR RANGE AND TEST FACILITY BASE.
The Secretary of Defense may authorize, consistent with the
authorities of the Secretary, such actions as are necessary
to mitigate threats posed by space-based assets to the
security or operation of the Major Range and Test Facility
Base (as defined in section 196(i) of title 10, United States
Code).
SEC. 1687. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE
OF THE UNITED STATES.
(a) Establishment.--There is established in the legislative
branch a commission to be known
[[Page H7093]]
as the ``Congressional Commission on the Strategic Posture of
the United States'' (in this section referred to as the
``Commission''). The purpose of the Commission is to examine
and make recommendations to the President and Congress with
respect to the long-term strategic posture of the United
States.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12
members appointed as follows:
(A) One by the Speaker of the House of Representatives.
(B) One by the minority leader of the House of
Representatives.
(C) One by the majority leader of the Senate.
(D) One by the minority leader of the Senate.
(E) Two by the chairperson of the Committee on Armed
Services of the House of Representatives.
(F) Two by the ranking minority member of the Committee on
Armed Services of the House of Representatives.
(G) Two by the chairperson of the Committee on Armed
Services of the Senate.
(H) Two by the ranking minority member of the Committee on
Armed Services of the Senate.
(2) Qualifications.--
(A) In general.--The members appointed under paragraph (1)
shall be from among individuals who--
(i) are United States citizens;
(ii) are not officers or employees of the Federal
Government or any State or local government; and
(iii) have received national recognition and have
significant depth of experience in such professions as
governmental service, law enforcement, the Armed Forces, law,
public administration, intelligence gathering, commerce
(including aviation matters), or foreign affairs.
(B) Political party affiliation.--Not more than six members
of the Commission may be appointed from the same political
party.
(3) Deadline for appointment.--
(A) In general.--All members of the Commission shall be
appointed under paragraph (1) not later than 45 days after
the date of the enactment of this Act.
(B) Effect of lack of appointments by appointment date.--If
one or more appointments under paragraph (1) is not made by
the date specified in subparagraph (A)--
(i) the authority to make such appointment or appointments
shall expire; and
(ii) the number of members of the Commission shall be
reduced by the number of appointments not made by that date.
(4) Chairperson; vice chairperson.--
(A) Chairperson.--The chairpersons of the Committees on
Armed Services of the Senate and the House of Representatives
shall jointly designate one member of the Commission to serve
as chairperson of the Commission.
(B) Vice chairperson.--The ranking minority members of the
Committees on Armed Services of the Senate and the House of
Representatives shall jointly designate one member of the
Commission to serve as vice chairperson of the Commission.
(5) Activation.--
(A) In general.--The Commission--
(i) may begin operations under this section on the date on
which not less than \2/3\ of the members of the Commission
have been appointed under paragraph (1); and
(ii) shall meet and begin the operations of the Commission
as soon as practicable after the date described in clause
(i).
(B) Subsequent meetings.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members.
(6) Quorum.--Eight members of the Commission shall
constitute a quorum.
(7) Period of appointment; vacancies.--Members of the
Commission shall be appointed for the life of the Commission.
A vacancy in the Commission does not affect the powers of the
Commission and shall (except as provided by paragraph (3)(B))
be filled in the same manner in which the original
appointment was made.
(8) Removal of members.--
(A) In general.--A member of the Commission may be removed
from the Commission for cause by the individual serving in
the position responsible for the original appointment of the
member under paragraph (1), provided that notice is first
provided to that official of the cause for removal, and
removal is voted and agreed upon by \3/4\ of the members of
the Commission.
(B) Vacancies.--A vacancy created by the removal of a
member of the Commission under subparagraph (A) does not
affect the powers of the Commission and shall be filled in
the same manner in which the original appointment was made.
(c) Duties.--
(1) Review.--The Commission shall conduct a review of the
strategic posture of the United States, including a strategic
threat assessment and a detailed review of nuclear weapons
policy, strategy, and force structure and factors affecting
the strategic stability of near-peer competitors of the
United States.
(2) Assessment and recommendations.--
(A) Assessment.--The Commission shall assess--
(i) the benefits and risks associated with the current
strategic posture and nuclear weapons policies of the United
States;
(ii) factors affecting strategic stability that relate to
the strategic posture; and
(iii) lessons learned from the findings and conclusions of
the Congressional Commission on the Strategic Posture of the
United States established by section 1062 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 319) and other previous commissions and
previous Nuclear Posture Reviews.
(B) Recommendations.--The Commission shall make
recommendations with respect to--
(i) the most appropriate strategic posture;
(ii) the extent to which capabilities other than nuclear
weapons can contribute to or detract from strategic
stability; and
(iii) the most effective nuclear weapons strategy for
strategic posture and stability.
(d) Report and Briefing Required.--
(1) In general.--Not later than December 31, 2022, the
Commission shall submit to the President and the Committees
on Armed Services of the Senate and the House of
Representatives a report on the Commission's findings,
conclusions, and recommendations.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) the recommendations required by subsection (c)(2)(B);
(B) a description of the military capabilities and force
structure necessary to support the nuclear weapons strategy
recommended under that subsection, including nuclear,
nonnuclear kinetic, and nonkinetic capabilities that might
support the strategy, and other factors that might affect
strategic stability;
(C) a description of the nuclear infrastructure (that is,
the size of the nuclear complex) required to support the
strategy and the appropriate organizational structure for the
nuclear security enterprise;
(D) an assessment of the role of missile defenses in the
strategy;
(E) an assessment of the role of cyber defense capabilities
in the strategy;
(F) an assessment of the role of space systems in the
strategy;
(G) an assessment of the role of nonproliferation programs
in the strategy;
(H) an assessment of the role of nuclear arms control in
the strategy;
(I) an assessment of the political and military
implications of the strategy for the United States and its
allies; and
(J) any other information or recommendations relating to
the strategy (or to the strategic posture) that the
Commission considers appropriate.
(3) Interim briefing.--Not later than 180 days after the
deadline for appointment of members of the Commission
specified in subsection (b)(3)(A), the Commission shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the status of the
review, assessments, and recommendations required by
subsection (c), including a discussion of any interim
recommendations.
(e) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
the Department of Defense, the National Nuclear Security
Administration, the Department of State, or the Office of the
Director of National Intelligence information, suggestions,
estimates, and statistics for the purposes of this section.
Each of such agency shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon receiving a
request made by--
(A) the chairperson of the Commission;
(B) the chairperson of any subcommittee of the Commission
created by a majority of members of the Commission; or
(C) any member of the Commission designated by a majority
of the Commission for purposes of making requests under this
paragraph.
(2) Receipt, handling, storage, and dissemination.--
Information, suggestions, estimates, and statistics provided
to the Commission under paragraph (1) may be received,
handled, stored, and disseminated only by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(f) Assistance From Federal Agencies.--In addition to
information, suggestions, estimates, and statistics provided
under subsection (e), departments and agencies of the United
States may provide to the Commission such services, funds,
facilities, staff, and other support services as those
departments and agencies may determine advisable and as may
be authorized by law.
(g) Compensation and Travel Expenses.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the requirements relating to supervision under
subsection (a)(3) of such section, the members of the
Commission shall be deemed to be Federal employees.
(2) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(3) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(h) Staff.--
(1) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(2) Pay.--The Executive Director appointed under paragraph
(1) may, with the approval of the Commission, appoint and fix
the rate of basic pay for additional personnel as staff of
the Commission in accordance with section 3161(d) of title 5,
United States Code.
(i) Personal Services.--
(1) Authority to procure.--The Commission may--
[[Page H7094]]
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(j) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(k) Authority to Accept Gifts.--
(1) In general.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of aiding
and facilitating the work of the Commission. The authority
under this paragraph does not extend to gifts of money.
(2) Documentation; conflicts of interest.--The Commission
shall document gifts accepted under the authority provided by
paragraph (1) and shall avoid conflicts of interest or the
appearance of conflicts of interest.
(3) Compliance with congressional ethics rules.--Except as
specifically provided in this section, a member of the
Commission shall comply with rules set forth by the Select
Committee on Ethics of the Senate and the Committee on Ethics
of the House of Representatives governing employees of the
Senate and the House of Representatives, respectively.
(l) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(m) Commission Support.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally funded
research and development center to provide appropriate staff
and administrative support for the activities of the
Commission.
(n) Expedition of Security Clearances.--The Office of
Senate Security and the Office of House Security shall ensure
the expedited processing of appropriate security clearances
for personnel appointed to the Commission by offices of the
Senate and the House of Representatives, respectively, under
processes developed for the clearance of legislative branch
employees.
(o) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (5 U.S.C. App) or section 552b, United States Code
(commonly known as the ``Government in the Sunshine Act'').
(p) Funding.--Of the amounts authorized to be appropriated
by this Act for fiscal year 2022 for the Department of
Defense, up to $7,000,000 shall be made available to the
Commission to carry out its duties under this section. Funds
made available to the Commission under the preceding sentence
shall remain available until expended.
(q) Termination.--
(1) In general.--The Commission, and all authorities under
this section, shall terminate on the date that is 90 days
after the Commission submits the final report required by
subsection (d).
(2) Administrative actions before termination.--The
Commission may use the 90-day period described in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress with respect to
and disseminating the report required by subsection (d).
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to
title XVIII of the Fiscal Year 2021 NDAA.
Sec. 1702. Conforming cross reference technical amendments related to
the transfer and reorganization of defense acquisition
statutes.
SEC. 1701. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS
RELATED TO TITLE XVIII OF THE FISCAL YEAR 2021
NDAA.
(a) Definitions; Effective Date; Applicability.--
(1) Definitions.--In this section, the terms ``FY2021
NDAA'' and ``such Act'' mean the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(2) Amendments to apply pre-transfer of defense acquisition
statutes.--The amendments made by subsections (b), (i), and
(j) through (v) shall apply as if included in the enactment
of title XVIII of the FY2021 NDAA as enacted.
(3) Amendments to take effect post-transfer of defense
acquisition statutes.--The amendments made by subsections (c)
through (h) and (w) shall take effect immediately after the
amendments made by title XVIII of the FY2021 NDAA have taken
effect. Sections 1883 through 1885 of the FY2021 NDAA shall
apply with respect to the transfers, redesignations, and
amendments made under such subsections as if such transfers,
redesignations, and amendments were made under title XVIII of
the FY2021 NDAA.
(4) Reorganization regulation update notice.--Section
1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting ``and
provides public notice that such authorities have been
revised and modified pursuant to such paragraph'' after
``paragraph (2)''.
(5) Savings provision relating to transfer and
reorganization of defense acquisition statutes.--If this Act
is enacted after December 31, 2021, notwithstanding section
1801(d)(1) of the FY2021 NDAA, the amendments made by title
XVIII of the FY2021 NDAA shall take effect immediately after
the enactment of this Act.
(b) Technical Corrections to Title XVIII of FY2021 NDAA.--
Title XVIII of the FY2021 NDAA is amended as follows:
(1) Section 1806(a) is amended in paragraph (4) by striking
``Transfer'' and all that follows through ``and amended'' and
inserting the following: ``Restatement of section 2545(1).--
Section 3001 of such title, as added by paragraph (1), is
further amended by inserting after subsection (b), as
transferred and redesignated by paragraph (3), a new
subsection (c) having the text of paragraph (1) of section
2545 of such title, as in effect on the day before the date
of the enactment of this Act, revised''.
(2) Section 1807 is amended--
(A) in subsection (b)(1), by striking ``new sections'' and
inserting ``new section'';
(B) in subsection (c)(3)(A)--
(i) by striking the semicolon and close quotation marks at
the end of clause (i) and inserting close quotation marks and
a semicolon; and
(ii) by striking ``by any'' in the matter to be inserted by
clause (ii); and
(C) in subsection (e)--
(i) by striking ``of this title'' in the matter to be
inserted by paragraph (2)(B); and
(ii) by striking ``Sections'' in the quoted matter before
the period at the end of paragraph (3) and inserting ``For
purposes of''.
(3) Section 1809(e) is amended by striking subparagraph (B)
of paragraph (2) (including the amendment made by that
subparagraph).
(4) Section 1811 is amended--
(A) in subsection (c)(2)--
(i) in subparagraph (B), by striking the comma before the
close quotation marks in both the matter to be stricken and
the matter to be inserted; and
(ii) in subparagraph (D), by inserting a comma after
``3901'' in the matter to be inserted;
(B) in subsection (d)(3)(B)--
(i) by striking the dash after ``mobilization'' in the
matter to be inserted by clause (ii) and inserting a
semicolon; and
(ii) by striking the dash after ``center'' in the matter to
be inserted by clause (iv) and inserting ``; or'';
(C) in subsection (d)(4)(D), by striking ``this'' in the
matter to be stricken by clause (ii) and inserting ``This'';
(D) in subsection (d)(5)(A), by striking ``inserting'' and
all that follows through ``; and'' and inserting ``inserting
`Offer requests to potential sources.--' before `The head of
an agency'; and'';
(E) in subsection (d)(6)(A), in the matter to be inserted--
(i) by striking the close quotation marks after
``Procedures.--''; and
(ii) by striking the comma after ``(7)''; and
(F) in subparagraphs (C)(ii) and (E)(ii) of subsection
(e)(3), by striking ``and (ii)'' each place it appears and
inserting ``and (iii)''.
(5) Section 1813 is amended in subsection (c)(1)(D) by
inserting ``and inserting'' after the first close quotation
marks.
(6) Section 1816(c) is amended--
(A) in paragraph (5)--
(i) in subparagraph (C)--
(I) by striking ``the second sentence'' and inserting ``the
second and third sentences''; and
(II) by striking ``subsection (d)'' and inserting
``subsections (d) and (e), respectively''; and
(ii) by striking subparagraph (G) and inserting the
following:
``(G) in subsection (d), as so designated, by inserting
`Notice of Award.--' before `The head of'; and
``(H) in subsection (e), as so designated, by striking
`This subparagraph does not' and inserting `Exception for
Perishable Subsistence Items.--Subsections (c) and (d) do
not'.''; and
(B) in paragraph (7)(J)(ii), in the matter to be inserted,
by inserting ``under'' before ``this section''.
(7) Section 1818 is amended by striking the close quotation
marks and second period at the end of subsection (b).
(8) Section 1820 is amended--
(A) in subsection (a), in the matter to be inserted, by
striking the item relating to section 3404 and inserting the
following new item:
``3404. [Reserved].'';
(B) in subsection (c)(3)(A), by striking ``section'' in the
matter to be stricken; and
(C) in subsection (d)(4)(B), by inserting ``section''
before ``3403(b)'' in the matter to be inserted.
(9) Section 1821 is amended in subsection (b)(5) by
striking ``subsection (b)(2)(B)(i)'' and inserting
``subsection (c)(2)(B)(i)''.
(10) Section 1831 is amended--
(A) in subsection (b), by striking ``redesignated as
subsection (a), and'' and inserting ``amended by striking the
subsection designation and subsection heading, and further'';
(B) in subsection (c)(2)(A), in the matter to be stricken,
by striking ``the'' and inserting ``The'';
(C) in subsection (c)(2)(D)--
(i) by striking clauses (ii) through (v); and
(ii) in the matter preceding clause (i), by striking ``as
so redesignated'' and all that follows through ``by
inserting'' and inserting ``as so redesignated, by
inserting'';
(D) in subsection (c)(2)(E)--
(i) by striking clauses (ii) through (v); and
(ii) in the matter preceding clause (i), by striking ``as
so redesignated'' and all that follows through ``by
inserting'' and inserting ``as so redesignated, by
inserting''; and
[[Page H7095]]
(iii) by inserting ``and'' after the semicolon at the end;
(E) in subsection (c)(2)(F)--
(i) by striking clauses (ii) through (v); and
(ii) in the matter preceding clause (i), by striking ``as
so redesignated'' and all that follows through ``by
inserting'' and inserting ``as so redesignated, by
inserting''; and
(iii) by striking the semicolon at the end and inserting a
period;
(F) in subsection (c)(4)(A), by striking the matter
proposed to be inserted and inserting ``Certification.--'';
(G) in subsection (c)(8)--
(i) by striking subparagraph (C); and
(ii) in subparagraph (B), by adding ``and'' at the end;
(H) in subsection (h), by striking ``such section 3706'' in
paragraphs (2) and (3) and inserting ``such section 3707'';
and
(I) in subsection (j)--
(i) in paragraph (3), in the matter to be inserted, by
striking ``3701-3708'' and inserting ``3701 through 3708'';
and
(ii) by striking paragraphs (4) and (5).
(11) Section 1832(i)(7)(F)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) in subparagraph (B) (as so redesignated), by
striking `paragraph (1)' and inserting `subsection (b)'.''.
(12) Section 1833 is amended--
(A) in subsection (n), in the section heading for section
3791, by striking ``department of defense'' and inserting
``department of defense''; and
(B) in subsection (o)(2), by striking ``Section'' and ``as
section'' and inserting ``Sections'' and ``as sections'',
respectively.
(13) Section 1834(h)(2) is amended by striking ``section
3801(1)'' in the matter to be inserted and inserting
``section 3801(a)''.
(14) Section 1845(c)(2) is amended by striking ``section''
in the matter to be stricken and inserting ``sections''.
(15) Section 1846 is amended--
(A) in subsection (f)(6)(A), in the matter to be inserted,
by inserting a period after ``Oversight'';
(B) in subsection (i)(3), by striking ``Section
1706(c)(1)'' and inserting ``Section 1706(a)''; and
(C) by adding at the end the following:
``(j) Further Cross-reference Amendment.--Section 1706(a)
of title 10, United States Code, is further amended by
striking `section 2430(a)(1)(B)' and inserting `section
4201(a)(2)'.''.
(16) Section 1847 is amended--
(A) in the table of subchapters to be inserted by
subsection (a), by striking the item relating to the second
subchapter III (relating to contractors) and inserting the
following:
``V. Contractors........................................4291''; and....
(B) in subsection (e)(3)(A), by inserting ``section''
before ``4376(a)(1)'' in the matter to be inserted.
(17) Section 1848(d) is amended by striking paragraph (2).
(18) Section 1850(e)(2) is amended by inserting
``transferred and'' before ``redesignated''.
(19) Section 1856 is amended--
(A) in subection (f)(5)(A), in the matter to be inserted,
by striking the comma at the end; and
(B) in subsection (h), by striking ``subsection (d)'' and
inserting ``subsection (g)''.
(20) Section 1862(c)(2) is amended by striking ``section
4657'' and inserting ``section 4658''.
(21) Section 1866 is amended--
(A) in subsection (c)--
(i) in paragraph (1), by inserting ``and'' at the end;
(ii) in paragraph (2), by striking ``; and'' at the end and
inserting a period; and
(iii) by striking paragraph (3) (including the amendment
made by that paragraph); and
(B) in subsection (d), by striking ``4817'' in the matter
to be inserted by paragraph (4)(A)(ii) and inserting
``4818''.
(22) Section 1867(d) is amended--
(A) in paragraph (3), by striking ``Section 4814'' and
inserting ``Section 4814(a)'';
(B) by amending paragraph (5) to read as follows:
``(5) Section 4818 is amended in subsection (a)--
``(A) by striking `of this chapter' and inserting `of
chapters 381 through 385 and chapter 389'; and
``(B) by striking `under this chapter' and inserting `under
such chapters'.''; and
(C) by adding at the end the following new paragraph:
``(7) Section 4817(d)(1) is amended by striking `this
chapter' and inserting `chapters 381 through 385 and chapter
389'.''.
(23) Section 1870(c)(3) is amended--
(A) by inserting after subparagraph (A) the following new
subparagraph:
``(B) in each of paragraphs (4) and (5) of subsection (d),
by striking `section 2500(1)' and inserting `section
4801(1)';'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(C) in subparagraph (D) (as so redeisgnated), by striking
``of the first subsection (k) (relating to `Limitation on
certain procurements application process'),'' and inserting
``of subsection (j),''.
(24) Section 1872(a) is amended in each of paragraphs (5)
through (11) by striking ``chapter 385 of such title, as
amended'' and inserting ``chapter 388 of such title, as
added''.
(c) Conforming Amendments to Provisions of Title 10, United
States Code, That Are Transferred and Redesignated by Title
XVIII of the FY2021 NDAA.--Title 10, United States Code, as
transferred and redesignated by title XVIII of the FY2021
NDAA, is amended as follows:
(1) Section 3221 of title 10, United States Code, as added
by subsection (a) and amended by subsection (b) of section
1812 of such Act, is amended in subsection (c) by striking
``under this section'' and inserting ``under this chapter''.
(2) Section 3223 of such title, as added by subsection (a)
and amended by subsection (d) of section 1812 of such Act, is
amended by striking ``under this section'' in paragraph (2)
and inserting ``under this chapter''.
(3) Section 3702 of such title, as added and amended by
section 1831 of such Act, is amended--
(A) in subsection (a)(3) by striking ``under this section''
in the matter preceding subparagraph (A) and inserting
``under this chapter''; and
(B) in subsection (d), by striking ``this section'' and
inserting ``this chapter''.
(4) Section 4375 of such title, as added by subsection (a)
and amended by subsection (i) of section 1850 of such Act, is
amended in subsection (d)(7)--
(A) by striking ``under the program (i) expressed as'' and
inserting ``under the program--
``(A) expressed as''; and
(B) by striking ``or subprogram, and (ii) expressed as''
and inserting ``or subprogram; and
``(B) expressed as''.
(d) Cross-reference Amendments Within Transferred
Sections.--Title 10, United States Code, as transferred and
redesignated by title XVIII of the FY2021 NDAA, is amended as
follows:
(1) Section 3131 of title 10, United States Code, as
transferred and redesignated by section 1809(b) of such Act,
is amended in subsection (b)(1) by striking ``section 2353''
and inserting ``section 4141''.
(2) Section 3137 of such title, as transferred and
redesignated by section 1809(h)(1) of such Act, is amended in
subsection (b)(2) by striking ``section 2330a'' and inserting
``section 4505''.
(3) Section 3203 of such title, as added by paragraph (1)
and amended by paragraph (2) of section 1811(d)(2) of such
Act, is amended in subsection (c) by striking ``paragraphs
(1) and (2)'' and inserting ``subsections (a)(1) and (b)''.
(4) Section 3206 of such title, as added by paragraph (1)
and amended by paragraphs (2) and (3) of section 1811(e)(2)
of such Act, is amended in subsection (a)(3) by striking
``subparagraphs (A) and (B)'' in the matter preceding
subparagraph (A) and inserting ``paragraphs (1) and (2)''.
(5) Section 3221 of such title, as added by subsection (a)
and amended by subsection (b) of section 1812 of such Act, is
amended in subsection (b)(2) by striking ``chapter 144''
before ``of this title'' and inserting ``chapters 321, 324,
and 325, subchapter I of chapter 322, and sections 3042,
4232, 4273, 4293, 4321, 4323, and 4328''.
(6) Section 3862 of such title, as transferred and
redesignated by section 1836(b) of such Act, is amended in
subsection (b) by striking ``section 2303(a)'' and inserting
``section 3063''.
(7) Section 4008 of such title, as transferred and
redesignated by section 1841(c) of such Act, is amended by
striking ``section 2303(a)'' in subsections (a) and (d) and
inserting ``section 3063''.
(8) Section 4061 of such title, as transferred and
redesignated by section 1842(b) of such Act, is amended in
subsection (b)(5) by striking ``section 2302e'' and inserting
``section 4004''.
(9) Section 4062 of such title, as transferred and
redesignated by section 1842(b) of such Act, is amended--
(A) in subsection (c)(4)(A)--
(i) in clause (i), by striking ``section 2433(d)'' and
inserting ``section 4374''; and
(ii) in clause (ii), by striking ``section 2433(e)(2)(A)''
and inserting ``section 4375(b)'';
(B) in subsection (j), by striking ``chapter 137'' and
inserting ``sections 3201 through 3205''; and
(C) in subsection (k)(2), by striking ``(as defined in
section 2302(5) of this title)''.
(10) Section 4171 of such title, as transferred and
redesignated by section 1845(b) of such Act, is amended in
subsection (a)(2)--
(A) in subparagraph (A), by striking ``within the meaning''
and all that follows through ``this title''; and
(B) in subparagraph (B), by striking ``under'' and all that
follows through ``this title'' and inserting ``under section
4203(a)(1) of this title''.
(11) Section 4324 of such title, as amended by section
802(a) and transferred and redesignated by section 1848(d)(1)
of such Act, is amended in subsection (d)--
(A) in paragraph (5), by striking ``section 2430'' in
subparagraph (A) and ``section 2430(a)(1)(B)'' in
subparagraph (B) and inserting ``section 4201'' and ``section
4201(a)(2) of this title'', respectively;
(B) in paragraph (6), by striking ``section 2366(e)(7)''
and inserting ``section 4172(e)(7)''; and
(C) in paragraph (7), by striking ``section 2431a(e)(5)''
and inserting ``section 4211(e)(3)''.
(12) Section 4375 of such title, as added by subsection (a)
and amended by subsection (h) section 1850), is amended in
subsection (c)(2)--
(A) in subparagraph (A), by striking ``or (b)(2)''; and
(B) in subparagraph (B)--
(i) by striking ``or (b)(2)'' ; and
(ii) by striking ``subsection (b)(1)'' and inserting
``section 4376''.
(13) Section 4505 of such title, as transferred and
redesignated by section 1856(g) of such Act, is amended by
striking ``section 2383(b)(3)'' in subsection (h)(2) and
inserting ``section 4508(b)(3)''.
(14) Section 4660 of such title, as transferred and
redesignated by section 1862(b) of such Act, is amended by
striking ``section 2324'' in subsection (c)(2) and inserting
``subchapter I of chapter 273''.
[[Page H7096]]
(15) Section 4814 of such title, as transferred and
redesignated by section 1867(b) of such Act, is amended by
striking ``subchapter V of chapter 148'' in paragraph (5) of
subsection (a), as added by section 842(a)(2) of such Act,
and inserting ``chapter 385''.
(16) Section 4819 of such title, as transferred and
redesignated by section 1867(b) of such Act and amended by
section 843 of such Act, is amended in subsection (b)(2)--
(A) in subparagraph (C)(xi), by striking ``section 2339a''
and inserting ``section 3252''; and
(B) in subparagraph (E)--
(i) in clause (i), by striking ``(as defined in section
2500(1) of this title)'';
(ii) in clause (ii), by striking ``section 2533a'' and
inserting ``section 4862''; and
(iii) in clause (v), by striking ``section 2521'' and
inserting ``sections 4841 and 4842''.
(17) Section 4862 of such title, as transferred and
redesignated by section 1870(c)(2) of such Act, is amended by
striking ``section 2304(c)(2)'' in subsection (d)(4) and
inserting ``section 3204(a)(2)''.
(18) Section 4863 of such title, as transferred and
redesignated by section 1870(c)(2) of such Act, is amended--
(A) in subsection (c)(2), by striking ``section
2304(c)(2)'' and inserting ``section 3204(a)(2)''; and
(B) in subsection (f), by striking ``section 2304(g)'' and
inserting ``section 3205''.
(19) Section 4981 of such title, as transferred by
subsection (b) and redesignated by subsection (c) of section
1873 of such Act, is amended by striking ``section 2501(a)''
in subsection (a) and inserting ``section 4811(a)''.
(e) Disposition of New Title 10 Acquisition Provisions
Added by the FY2021 NDAA.--
(1) Transfer of new section 2339c.--
(A) Transfer.--Section 2339c of title 10, United States
Code, as added by section 803 of the FY2021 NDAA, is
transferred to chapter 873 of such title, inserted after
section 8754, and redesignated as section 8755, and amended
in subsection (d)(3) by striking ``section 2430'' and
inserting ``section 4201''.
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8755. Disclosures for offerors for certain shipbuilding major defense
acquisition program contracts.''.
(2) Transfer of new section 2533d.--
(A) Transfer.--Section 2533d of title 10, United States
Code, as added by section 841(a) of the FY2021 NDAA, is
transferred to chapter 385 of such title, inserted after
section 4872 of subchapter III of such chapter, redesignated
as section 4873, and amended in subsection (a)(2) by striking
``section 2338'' and inserting ``section 3573''.
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4872 the following new item:
``4873. Additional requirements pertaining to printed circuit
boards.''.
(3) Transfer of new section 2358c.--
(A) Transfer.--Section 2358c of title 10, United States
Code, as added by section 1115(a) of the FY2021 NDAA, is
transferred to subchapter II of chapter 303 of such title, as
added by section 1842(a) of the FY2021 NDAA, inserted after
section 4093, as transferred and redesignated by section
1843(a) (as amended by this section), and redesignated as
section 4094.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter, as added by section 1842(a) of the
FY2021 NDAA (as amended by this section), is amended by
inserting after the item relating to section 4093 the
following new item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(4) Transfer of new section 2374b.--
(A) Transfer.--Section 2374b of title 10, United States
Code, as added by section 212(a)(1) of the FY2021 NDAA, is
transferred to subchapter II of chapter 301 of such title,
added at the end of such subchapter, and redesignated as
section 4027.
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4027. Disclosure requirements for recipients of research and
development funds.''.
(f) Amendments to Tables of Sections.--Title 10, United
States Code, is amended as follows:
(1) The table of sections at the beginning of chapter 136
is amended by striking the item relating to section 2283.
(2) The table of sections at the beginning of chapter 165
is amended by striking the item relating to section 2784.
(3) The table of sections at the beginning of chapter 203,
as added by section 1807(a) of the FY2021 NDAA, is amended in
the item relating to section 3064 by inserting ``of'' after
``Applicability''.
(4) The table of sections at the beginning of chapter 223,
as added by section 1813(a) of such Act, is amended by
striking the item relating to section 3248 and inserting the
following new item:
``3248. [Reserved].''.
(5) The table of sections at the beginning of subchapter II
of chapter 273, as added by section 1832(j) of such Act, is
amended by striking the items relating to sections 3764 and
3765.
(6) The table of sections at the beginning of subchapter
III of chapter 275, as added by section 1833(n) of such Act,
is amended by striking the item relating to section 3792 and
inserting the following new item:
``3792. [Reserved].''.
(7) The table of sections at the beginning of subchapter I
of chapter 322, as added by section 1847(a), is amended by
striking the item relating to section 4212 and inserting the
following new item:
``4212. Risk management and mitigation in major defense acquisition
programs and major systems.''.
(8) The table of sections at the beginning of subchapter II
of chapter 322, as added by section 1847(a), is amended by
striking the item relating to section 4232 and inserting the
following new item:
``4232. Prohibition on use of lowest price technically acceptable
source selection process.''.
(9) The table of sections at the beginning of chapter 323,
as added by section 1848(a), is amended by striking the item
relating to section 4324 and inserting the following new
item:
``4324. Life-cycle management and product support.''.
(10) The table of sections at the beginning of chapter 382,
as added by section 1867(a) of such Act, is amended by
striking the item relating to section 4814 and inserting the
following new item:
``4814. National technology and industrial base: annual report and
quarterly briefings.''.
(g) Amendments to Tables of Chapters.--The tables of
chapters at the beginning of subtitle A, and at the beginning
of part V of subtitle A, of title 10, United States Code, are
amended--
(1) in the items for chapters 203, 205, and 207, by
striking the section number at the end of each item and
inserting ``3061'', ``3101'', and ``3131'', respectively;
(2) by striking the item for chapter 247 and inserting the
following:
``247. Procurement of Commercial Products and Commercial Ser3451'';....
(3) in the item for chapter 251, by striking the section
number at the end and inserting ``3571'';
(4) by striking the item for chapter 257 and inserting the
following:
``257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft,
and Combat Vehicles.......................................3671 ....
``258. Other Types of Contracts Used for Procurements for Particular
Purposes............................................3681''; and....
(5) by striking the last word in the item for the heading
for subpart D and inserting ``Provisions''.
(h) Amendments to Headings.--Subtitle A of title 10, United
States Code, is amended as follows:
(1) The heading of subpart D of part V is amended to read
as follows:
``Subpart D--General Contracting Provisions''.
(2) The heading of subchapter II of chapter 273, as added
by section 1832(j) of the FY2021 NDAA, is amended to read as
follows:
``Subchapter II--Other Allowable Cost Provisions''.
(i) Amendments to Delete Headings From Sections Specified
as ``Reserved''.--Title XVIII of the FY2021 NDAA is amended
as follows:
(1) Chapter 201.--The matter inserted by section 1806(a)(1)
is amended--
(A) in each of the items relating to sections 3003 and 3005
in the table of sections at the beginning of subchapter I, by
striking the text after the section designation and inserting
``[Reserved].'';
(B) by striking section 3003 and inserting the following:
``Sec. 3003. [Reserved]''; and
(C) by striking section 3005 and inserting the following:
``Sec. 3005. [Reserved]''.
(2) Chapter 209.--
(A) In the table of contents for chapter 209 inserted by
section 1810(a), by striking the text after the subchapter II
designation and inserting ``[Reserved]''.
(B) Section 1810(d) is amended to read as follows:
``(d) Additional Subchapter.--Chapter 209 of title 10,
United States Code, is amended by adding at the end the
following new subchapter:
`` `SUBCHAPTER II--[RESERVED]
`` `Sec.
`` `3171. [Reserved].
`` `3172. [Reserved].
`` `Sec. 3171. [Reserved]
`` `Sec. 3172. [Reserved]'.''.
(3) Chapter 225.--The matter inserted by section 1813(h) is
amended by striking the text after the chapter designation
and inserting ``[Reserved]''.
(4) Chapter 242.--The matter inserted by section 1817(a) is
amended--
(A) in the item relating to section 3324 in the table of
sections, by striking the text after the section designation
and inserting ``[Reserved].''; and
(B) by striking section 3324 and inserting the following:
``Sec. 3324. [Reserved]''.
(5) Chapter 253.--
(A) The tables of chapters at the beginning of subtitle A,
and at the beginning of part V of subtitle A, of title 10,
United States Code, are amended by striking the text after
the chapter designation for chapter 253 in each place and
inserting ``[Reserved]''.
(B) Section 1824 is amended--
(i) in the matter inserted by subsection (a), by striking
the text after the chapter designation and inserting
``[Reserved]''; and
(ii) in the matter inserted by subsection (b), by striking
the text after the chapter designation and inserting
``[Reserved]''.
[[Page H7097]]
(6) Chapter 272.--The matter inserted by section 1831(k) is
amended--
(A) by striking the text after the chapter designation and
inserting ``[Reserved]''; and
(B) by striking all after the chapter heading and inserting
the following:
``Sec.
``3721. [Reserved].
``3722. [Reserved].
``3723. [Reserved].
``3724. [Reserved].
``Sec. 3721. [Reserved]
``Sec. 3722. [Reserved]
``Sec. 3723. [Reserved]
``Sec. 3724. [Reserved]''.
(7) Chapter 279.--
(A) The matter inserted by section 1835(a) is amended in
the table of sections by striking the text after the section
designation in each of the items relating to sections 3843,
3844, and 3846 and inserting ``[Reserved].''.
(B) Section 1835(e) is amended--
(i) by striking the matter inserted by paragraph (1) and
inserting the following:
``Sec. 3843. [Reserved]
``Sec. 3844. [Reserved]''; and
(ii) by striking matter inserted by paragraph (2) and
inserting the following:
``Sec. 3846. [Reserved]''.
(8) Chapter 283.--
(A) The tables of chapters at the beginning of subtitle A,
and at the beginning of part V of subtitle A, of title 10,
United States Code, are amended by striking the text after
the chapter designation for chapter 283 in each place and
inserting ``[Reserved]''.
(B) Section 1837 is amended to read as follows:
``SEC. 1837. RESERVATION OF CHAPTER 283.
``Part V of subtitle A of title 10, United States Code, as
added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115- 232),
is amended by striking chapter 283 and inserting the
following:
`` `CHAPTER 283--[RESERVED]'.''.
(9) Chapter 343.--Section 1856 is amended--
(A) in the matter to be inserted by subsection (a), by
striking the text following the designation of chapter 343
and inserting ``[Reserved]''; and
(B) by amending the matter to be inserted by subsection (j)
to read as follows:
``CHAPTER 343--[RESERVED]
``Subchapter Sec.
``I. [Reserved]................................................4541....
``II. [Reserved]...............................................4551....
``SUBCHAPTER I--[RESERVED]
``Sec.
``4541. [Reserved].
``SUBCHAPTER II--[RESERVED]
``Sec.
``4551. [Reserved].''.
(10) Chapter 387.--Section 1871 is amended by amending the
matter to be inserted by subsection (a)(2)--
(A) by inserting after the item relating to subchapter I
the following new item:
``II. [Reserved]........................................4991''; and....
(B) by inserting after the item relating to section 4901
the following new item:
``SUBCHAPTER II--[RESERVED]
``Sec.
``4911. [Reserved].''.
(j) Revised Section Relating to Regulations.--Section
1807(b) of the FY2021 NDAA is amended in the matter to be
inserted by paragraph (1), by striking ``shall prescribe''
and inserting ``is required by section 2202 of this title to
prescribe''.
(k) Revised Transfer of Sections Relating to Multiyear
Contracts for Acquisition of Property.--Section 1822 of the
FY2021 NDAA is amended as follows:
(1) Revised sections.--In the matter to be inserted by
subsection (a)--
(A) in the table of sections for subchapter I, by striking
the items relating to sections 3501 through 3511 and
inserting the following:
``3501. Multiyear contracts: acquisition of property.''; and
(B) by striking the section headings for sections 3501
through 3511 and inserting the following:
``Sec. 3501. Multiyear contracts: acquisition of property''.
(2) Transfer of section 2306b.--Such section is further
amended--
(A) by striking subsections (b) through (l); and
(B) by inserting after subsection (a) the following new
section:
``(b) Transfer of Section 2306b.--Section 2306b of title
10, United States Code, is transferred to section 3501 of
such title, as added by subsection (a).''.
(3) Transfer of section 2306c.--Such section is further
amended--
(A) in the matter to be inserted by subsection (m)--
(i) in the table of sections, by striking the items
relating to sections 3531 through 3535 and inserting the
following:
``3531. Multiyear contracts: acquisition of services.''; and
(ii) by striking the section headings for sections 3531
through 3535 and inserting the following:
``Sec. 3531. Multiyear contracts: acquisition of services'';
(B) by redesignating such subsection (m) as subsection (c);
(C) by striking subsections (n) through (s);
(D) by adding after subsection (c) (as so redesignated) the
following new subsection:
``(d) Transfer of Section 2306c.--Section 2306c of title
10, United States Code, is transferred to section 3531 of
such title, as added by subsection (c).''.
(4) Conforming redesignation.--Such section is further
amended by redesignating subsection (t) as subsection (e).
(l) Renaming of Chapter 287.--
(1) Renaming of chapter.--Section 1838 of the FY2021 NDAA
is amended--
(A) in the section heading, by striking the penultimate
word in the heading and inserting ``other contracting''; and
(B) by striking the penultimate word in the chapter heading
in the matter inserted by subsection (a) and inserting
``OTHER CONTRACTING''.
(2) Tables of chapters.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 287 and inserting the
following new item:
``287. Other Contracting Programs...........................3961''.....
(m) Revised Transfer of Sections Within Chapter 388.--
(1) Transfer.--Section 1872(a) of title XVIII of the FY2021
NDAA, as amended by this section, is further amended--
(A) by amending paragraph (2) to read as follows:
``(2) Transfer.--The text of section 2411 of title 10,
United States Code, is transferred to section 4951 of such
title, as added by paragraph (1).'';
(B) by amending paragraph (3) to read as follows:
``(3) Transfer of section 2412.--The text of section 2412
of title 10, United States Code, is transferred to section
4952 of such title, as added by paragraph (1).''; and
(C) by amending paragraph (4) to read as follows:
``(4) Transfer of section 2420.--The text of section 2420
of title 10, United States Code, is transferred to section
4953 of such title, as added by paragraph (1).''.
(2) Conforming amendments.--Such section 1872(a) is further
amended--
(A) in paragraph (5)--
(i) by striking ``inserted after section 4951, redesignated
as section 4952'' and inserting ``inserted after section
4953, redesignated as section 4954'';
(ii) in the matter to be inserted by subparagraph (B)(ii),
by striking ``section 4957(b)'' and inserting ``section
4959(b)'';
(B) in paragraph (6)--
(i) by striking ``section 4952'' and inserting ``section
4954'';
(ii) by striking ``section 4953'' and inserting ``section
4955'';
(iii) in the matter to be inserted by subparagraph (B), by
striking ``section 4951(b)(1)(D)'' and inserting ``section
4951(1)(D)''; and
(iv) in the matter to be inserted by subparagraph (C), by
striking ``section 4957(b)'' and inserting ``section
4959(b)'';
(C) in paragraph (7)--
(i) by striking ``section 4953'' and inserting ``section
4955'';
(ii) by striking ``section 4954'' and inserting ``section
4956'';
(D) in paragraph (8)--
(i) by striking ``section 4954'' and inserting ``section
4956'';
(ii) by striking ``section 4955'' and inserting ``section
4957'';
(E) in paragraph (9)--
(i) by striking ``section 4955'' and inserting ``section
4957'';
(ii) by striking ``section 4956'' and inserting ``section
4958'';
(F) in paragraph (10)--
(i) by striking ``section 4956'' and inserting ``section
4958'';
(ii) by striking ``section 4957'' and inserting ``section
4959'';
(G) in paragraph (11)--
(i) by striking ``inserted after section 4957, as added by
paragraph (10),'' and inserting ``added at the end of such
chapter''; and
(ii) by striking ``section 4959'' and inserting ``section
4961''.
(3) Table of sections.--Section 1872(a)(B) of the FY2021
NDAA is amended by striking the matter to be inserted and
inserting the following:
``CHAPTER 388--PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM
``4951. Definitions.
``4952. Purposes.
``4953. Regulations.
``4954. Cooperative agreements.
``4955. Funding.
``4956. Distribution.
``4957. Subcontractor information.
``4958. Authority to provide certain types of technical assistance.
``4959. Advancing small business growth.
``4960. [Reserved].
``4961. Administrative and other costs.
``SEC. 4951. DEFINITIONS.
``SEC. 4952. PURPOSES.
``SEC. 4953. REGULATIONS.''.
(n) Revised Section Relating to Navy Contract Financing.--
Title XVIII of the FY2021 NDAA is amended as follows:
(1) Revised placement.--The matter to be inserted by
section 1834(a) is amended--
(A) in the table of sections, by adding at the following
new item:
``3808. Certain Navy contracts.''; and
(B) by adding after the heading for section 3807 the
following:
``Sec. 3808. Certain Navy contracts''.
(2) Transfer of section 2307(g).--Section 1834 is further
amended by adding at the end the following new subsection:
``(i) Transfer of Subsection (g) of Section 2307.--
[[Page H7098]]
``(1) Transfer.--Subsection (g) of section 2307 of title
10, United States Code, is transferred to section 3808 of
such title, as added by subsection (a), inserted after the
section heading, and amended--
``(A) by striking the subsection designation and subsection
heading; and
``(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
``(2) Revisions to new 3808(a).--Subsection (a) of such
section 3808, as so transferred and redesignated, is
amended--
``(A) by inserting `Repair, Maintenance, or Overhaul of
Naval Vessels: Rate for Progress Payments.--' before `The
Secretary of the Navy'; and
``(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
``(3) Revisions to new 3808(b).--Subsection (b) of such
section 3808, as so transferred and redesignated, is
amended--
``(A) by inserting `Authority to Advance Funds for
Immediate Salvage Operations.--' before `The Secretary of the
Navy'; and
``(B) by striking `this paragraph' in the second sentence
and inserting `this subsection'.
``(4) Revisions to new 3808(c).--Subsection (c) of such
section 3808, as so transferred and redesignated, is amended
by inserting `Security for Construction and Conversion of
Naval Vessels.--' before `The Secretary of the Navy'.
``(5) Conforming amendment.--Section 8702(c) is amended by
striking `section 2307(g)(2)' and inserting `section
3808(b)'.' '''.
(3) Repeal of prior transfer.--Section 1876 is repealed.
(o) Revised Transfer Relating to Selected Acquisition
Reports.--
(1) Transfer as single section.--
(A) Subsection (a) section 1849 of the FY2021 NDAA is
amended in the matter to be inserted by striking all after
the chapter heading and inserting the following:
``Sec.
``4351. Selected Acquisition Reports.''.
(B) Subsection (b) of such section 1849 is amended to read
as follows:
``(b) Transfer of Section 2432.--Section 2432 of title 10,
United States Code, is transferred to chapter 324 of such
title, as added by subsection (a), and redesignated as
section 4351.''.
(2) Conforming amendments.--
(A) The section heading for section 1849 of the FY2021 NDAA
is amended to read as follows:
``SEC. 1849. SELECTED ACQUISITION REPORTS.''.
(B) Section 1849 of the FY2021 NDAA is amended in the
matter to be inserted by striking the text after the chapter
designation and inserting ``SELECTED ACQUISITION REPORTS''.
(3) Cross-reference amendments in section 4351(c).--
Subsection (c) of such section 1849 is amended to read as
follows:
``(c) Cross-reference Amendments in New Section 4351(c).--
Subsection (c)(1) of such section, as so transferred and
redesignated, is amended--
``(1) by striking `section 2431' in subparagraph (A) and
inserting `section 4205';
``(2) by striking `section 2433(a)(2)' in subparagraph
(B)(i) and inserting `section 4371(a)(4)';
``(3) by striking `section 2435(d)(1)' in subparagraph
(B)(ii) and inserting `section 4214(d)(1)';
``(4) by striking `section 2435(d)(2)' in subparagraph
(B)(iii) and inserting `section 4214(d)(2)';
``(5) by striking `section 2432(e)(4)' in subparagraph
(B)(iv) and inserting `section 4355(4)'; and
``(6) by striking `section 2446a' in subparagraph (G) and
inserting `section 4401'.' '''.
(4) Cross-reference amendment in section 4351(h).--
Subsection (d) of such section 1849 is amended to read as
follows:
``(d) Cross-reference Amendment in New Section 4351(h).--
Subsection (h)(2)(A) of such section, as so transferred and
redesignated, is amended by striking `section 2431' and
inserting `section 4205'.' '''.
(5) Deletion of superseded amendments.--Such section 1849
is further amended--
(A) by striking subsections (e) through (k); and
(B) redesignating subsections (l) and (m) as subsections
(e) and (f), respectively.
(6) Conforming cross-reference amendments.--Title XVIII of
the FY2021 NDAA is amended--
(A) in section 1812--
(i) in subsection (b)(2)(D), by striking ``section
4353(a)'' in the matter to be inserted and inserting
``section 4351(c)(1)''; and
(ii) in subsection (f)(2)(C), by striking ``sections 4351
through 4358'' in the matter to be inserted and inserting
``section 4351'';
(B) in section 1846--
(i) in subsection (f)(5)(C), by striking ``sections 4351
through 4358'' in the matter to be inserted and inserting
``section 4351''; and
(ii) in subsection (g)(1), by striking ``section 4351'' in
the matter to be inserted and inserting ``section 4351(a)'';
(C) in section 1847--
(i) in subsection (b)(4)(B)(iii), by striking ``sections
4351 through 4358'' in the matter to be inserted and
inserting ``section 4351'';
(ii) in subsection (c)(1)(A)(i), by striking ``sections
4351 through 4358'' in the matter to be inserted and
inserting ``section 4351'';
(iii) in subsection (d)(2)(C)(ii), by striking ``sections
4351 through 4358'' in the matter to be inserted and
inserting ``section 4351''; and
(iv) in subsection (e)(1)(A), by striking ``section
4351(2)'' in the matter to be inserted and inserting
``section 4351(a)(2)'';
(D) in section 1849(f) (as so redesignated), by striking
``chapter 324'' in the matter to be inserted and inserting
``section 4351''; and
(E) in section 1850--
(i) in subsection (b)(3)(A)(ii), by striking ``section
4351'' in the matter to be inserted and inserting ``section
4351(a)'';
(ii) in subsection (c)(2), by striking ``section 4358'' in
the matter to be inserted and inserting ``section 4351(h)'';
(iii) in subsection (e)(4)(A), by striking ``section
4352(c)'' in the matter to be inserted and inserting
``section 4351(b)(3)'';
(iv) in subsection (h)(2)(C)(ii), by striking ``and
inserting'' and all that follows through ``respectively'' and
inserting ``and inserting `section 4351(e)' and `section
4351(f)', respectively'';
(v) in subsection (j)(3)(B)(ii), by striking ``section
4356(a)'' in the matter to be inserted and inserting
``section 4351(f)'';
(vi) in subsection (k)(4)(D), by striking ``section 4352''
in the matter to be inserted and inserting ``section 4351'';
and
(vii) in subsection (k)(6)(D)(i)(II), by striking ``section
4356'' in the matter to be inserted and inserting ``section
4351(f)''.
(p) Transfer of Sections 2196 & 2197 to Chapter 384
(manufacturing Technology).--
(1) Transfer.--Section 1869(d) of the FY2021 NDAA is
amended--
(A) by striking ``Section 2522.--Section 2522 of title 10,
United States Code, is'' and inserting ``Sections 2196, 2197,
and 2522.--
``(1) Transfer.--Sections 2196, 2197, and 2522 of title 10,
United States Code, are'';
(B) by striking ``as section 4843'' and inserting ``as
sections 4843, 4844, and 4845, respectively''; and
(C) by adding at the end the following new paragraph:
``(2) Conforming amendments.--Section 4844, as transferred
and redesignated by paragraph (1), is amended in subsection
(a)(6), by striking `section 2196' and inserting `section
4843'.''.
(2) Tables of sections.--
(A) Chapter 384.--Section 1869(a) of the FY2021 NDAA is
amended in the matter to be inserted by striking the item
relating to section 4843 and inserting the following:
``4843. Manufacturing engineering education program.
``4844. Manufacturing experts in the classroom.
``4845. Armament retooling and manufacturing.''.
(B) Chapter 111.--The table of sections at the beginning of
chapter 111 of title 10, United States Code, is amended by
striking the items relating to sections 2196 and 2197.
(q) Revised Transfer of Section 2358b.--Title XVIII of the
FY2021 NDAA is amended as follows:
(1) Deletion of transfer to chapter 303.--Section 1842(b)
is amended--
(A) by striking ``2358b,''; and
(B) by striking ``4064,''.
(2) Transfer to chapter 87.--Subtitle J of title XVIII of
the FY2021 NDAA is amended by inserting after section 1878
the following new section:
``SEC. 1878A. TRANSFER OF TITLE 10 SECTION RELATING TO JOINT
RESERVE DETACHMENT OF DEFENSE INNOVATION UNIT.
``(a) Transfer.--Section 2358b of title 10, United States
Code, is transferred to subchapter V of chapter 87 of such
title, inserted after section 1765, and redesignated as
section 1766.
``(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1766. Joint reserve detachment of the Defense Innovation Unit.''.
(r) Revised Section Relating to Acquisition-related
Functions of Chiefs of the Armed Forces.--Title XVIII of the
FY2021 NDAA is amended as follows:
(1) Deletion of separate section for acquisitions functions
of service chiefs.--Section 1847 is amended--
(A) in the matter to be inserted by subsection (a), by
striking the item relating to section 4274 in the table of
sections for subchapter IV and inserting:
``4274. [Reserved].''; and
(B) in subsection (e), by striking paragraphs (4), (5), and
(6)(B).
(2) Cross-reference amendment.--Section 1808(d) is amended
by adding at the end the following new paragraph:
``(3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and
9033(d)(5) of such title are amended by striking `and 2547'
and inserting `and 3104'.' '''.
(s) Revised Transfer of Section Relating to National
Technology and Industrial Base.--Title XVIII of the FY2021
NDAA is amended as follows:
(1) Deletion of previous transfer of section 2440.--Section
1847(b)(2) is amended--
(A) by striking ``Transfer of'' and all that follow through
``(B)''; and
(B) by striking ``paragraph (3)'' in the matter to be
inserted and inserting ``section 4820 of this title''.
(2) Revised transfer.--
(A) Section 2440 of title 10, United States Code, as
amended by section 846(b) of the FY2021 NDAA, is transferred
to chapter 382 of such title, inserted after section 4819,
and redesignated as section 4820.
(B) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``4820. National technology and industrial base plans, policy, and
guidance.''.
(C) Such section 4820, as so transferred and redesignated,
is amended--
(i) in subsection (a), by striking ``section 2501'' and
inserting ``section 4811''; and
(ii) in subsection (b), by striking ``chapter 148'' and
inserting ``subchapters 381 through 385 and subchapter 389''.
(t) Revision of Subchapter III of Chapter 385.--Section
1870(d) of the FY2021 NDAA is amended--
(1) in the matter inserted by paragraph (1)--
[[Page H7099]]
(A) by striking the items relating to sections 4871 and
4872 and inserting the following new items:
``4871. Contracts: consideration of national security objectives.
``4872. Acquisition of sensitive materials from non-allied foreign
nations: prohibition.''; and
(B) by adding after the item relating to section 4873, as
added by this section, the following new item:
``4874. Award of certain contracts to entities controlled by a foreign
government: prohibition.'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``sections 2533c
and 2536'' and inserting ``sections 2327, 2533c, and 2536'';
(B) by striking ``sections 2533c and 2536 of title 10'' and
inserting ``sections 2327, 2533c, and 2536 of title 10''; and
(C) by striking ``sections 4871 and 4872'' and inserting
``sections 4871, 4872, and 4874'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Section 4871'' and
inserting ``Section 4872''; and
(B) in the matter inserted by subparagraph (B), by striking
``4871'' and inserting ``4872''; and
(4) in the matter inserted by paragraph (4), by striking
``section 4872(c)(1)'' and inserting ``section 4874(c)(1)''.
(u) Restructuring of Chapters of Subpart E (research &
Engineering).--Section 1841 of the FY2021 NDAA is amended as
follows:
(1) Revised subpart e.--The matter to be inserted by
subsection (a)(2) is amended to read as follows:
``Subpart E--Research and Engineering
``301. Research and Engineering Generally.....................4001 ....
``303. Research and Engineering Activities....................4061 ....
``305. Universities...........................................4131 ....
``307. Test and Evaluation..................................4171''.....
(2) Revised chapter 301.--Section 1841 of the FY2021 NDAA
is further amended as follows:
(A) Revised table of sections.--The matter to be inserted
by subsection (a)(1)(B) is amended--
(i) by inserting after the item relating to chapter 301 the
following:
``SUBCHAPTER I--GENERAL'';
(ii) by striking the items relating to sections 4002, 4003,
and 4004 and inserting the following:
``4002. [Reserved].
``4003. [Reserved].
``4004. Contract authority for development and demonstration of initial
or additional prototype units.'';
(iii) by striking the items relating to sections 4008 and
4009 and inserting the following:
``4008. [Reserved].
``4009. [Reserved].''; and
(iv) by striking the item relating to section 4015 and
inserting the following:
``SUBCHAPTER II--AGREEMENTS
``4021. Research projects: transactions other than contracts and
grants.
``4022. Authority of the Department of Defense to carry out certain
prototype projects.
``4023. Procurement for experimental purposes.
``4024. Merit-based award of grants for research and development.
``4025. Prizes for advanced technology achievements.
``4026. Cooperative research and development agreements under
Stevenson-Wydler Technology.''.
(B) Revised transfer of title 10 sections.--Subsection
(b)(1) is amended--
(i) by inserting ``2302e, 2359,'' after ``2358,'';
(ii) by striking ``and 2373'' and inserting ``, 2373, 2374,
2374a, and 2371a'';
(iii) by striking ``4002, 4003, and''; and
(iv) by inserting ``, 4007, 4021, 4022, 4023, 4024, 4025,
and 4026'' before ``, respectively''.
(C) Technical amendment.--Subsection (b)(2)(A)(i) is
amended by striking ``by striking'' and all that follows
through the semicolon at the end and inserting ``by striking
`section 2371 or 2371b' and inserting `section 4021 or
4022';''.
(D) Designation of subchapters.--Subsection (c) is amended
to read as follows:
``(c) Designation of Subchapters.--Chapter 301 of such
title, as added by subsection (a), is amended--
``(1) by inserting before section 4001, as transferred and
redesignated by subsection (b)(1), the following:
`` `Subchapter I--General'; and
``(2) by inserting before section 4021, as transferred and
redesignated by subsection (b)(1), the following:
`` `Subchapter II--Agreements'.''.
(E) Revised transfer of section 2364(a).--Subsection (d)(1)
is amended by striking ``section 4009'' and inserting
``section 4007''.
(F) Revised cross-reference amendments.--
(i) Subsection (b)(2) is amended--
(I) in subparagraph (A)(ii), by striking ``sections 4004''
in the matter to be inserted and inserting ``section 4023'';
(II) in subparagraph (A)(iii), by striking ``sections 4002
and 4143'' in the matter to be inserted and inserting
``sections 4021 and 4026'';
(III) in subparagraph (B), by striking ``Section 4002'' and
inserting ``Section 4021'';
(IV) in subparagraph (C)--
(aa) by striking ``Section 4003'' and inserting ``Section
4022''; and
(bb) by striking ``section 4002'' in the matter to be
inserted and inserting ``section 4021''; and
(V) by adding at the end the following new subparagraph:
``(D) Section 4004 of such title, as so transferred and
redesignated, is amended by striking `section 2302(2)(B)' in
subsection (a) and inserting `section 3012(2)'.''.
(ii) Subsection (e)(2) is amended by striking ``section
4003'' in the matter to be inserted and inserting ``section
4022''.
(3) Revised chapter 303, subchapter i.--Section 1842 of the
FY2021 NDAA is amended as follows:
(A) Revised heading and table of sections.--The matter to
be inserted by subsection (a) is amended to read as follows:
``CHAPTER 303--RESEARCH AND ENGINEERING ACTIVITIES
``Subchapter I--General
``Sec.
``4061. Defense Research and Development Rapid Innovation Program.
``4062. Defense Acquisition Challenge Program.
``4063. [Reserved].
``4064. [Reserved].
``4065. [Reserved].
``4066. Global Research Watch Program.
``4067. Technology protection features activities.
``Subchapter II--Personnel
``4091. Authorities for certain positions at science and technology
reinvention laboratories.
``4092. Personnel management authority to attract experts in science
and engineering.
``4093. Science, Mathematics, and Research for Transformation (SMART)
Defense Education Program.
``Subchapter III--Research and Development Centers and Facilities
``4121. [Reserved].
``4122. [Reserved].
``4123. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
``4124. Centers for Science, Technology, and Engineering Partnership.
``4125. Functions of Defense research facilities.
``4126. Use of federally funded research and development centers.
``Subchapter I--General
``Subchapter II--Personnel
``Subchapter III--Research and Development Centers and Facilities''.
(B) Transfer of title 10 sections to subchapter i.--
Subsection (b) is amended--
(i) by striking ``2361a'' and all that follows through
``2365'' and inserting ``2365, and 2357'';
(ii) by striking ``after the table of sections'' and
inserting ``after the heading for subchapter I''; and
(iii) by striking ``4063'' and all that follows through
``4066'' and inserting ``4066, and 4067''.
(C) Revised cross-reference amendment.--Subsection (c)(1)
is amended by striking ``section 4065'' in the matter to be
inserted and inserting ``section 4025''.
(4) Revised chapter 303, subchapters ii & iii.--
(A) In general.--Section 1843 of the FY2021 NDAA is amended
by striking the section heading and subsections (a) and (b)
and inserting the following:
``SEC. 1843. PERSONNEL; RESEARCH AND DEVELOPMENT CENTERS AND
FACILITIES.
``(a) Transfer of Title 10 Sections to Subchapter Ii.--
Sections 2358a, 1599h, and 2192a of title 10, United States
Code, are transferred to subchapter II of chapter 303 of such
title, as added by section 1842(a), inserted (in that order)
after the subchapter heading, and redesignated as sections
4091, 4092, and 4093, respectively.
``(b) Transfer of Title 10 Sections to Subchapter Iii.--
``(1) In general.--Sections 2363, 2368, and 2367 of title
10, United States Code, are transferred to subchapter III of
chapter 303 of such title, as added by section 1842(a),
inserted (in that order) after the subchapter heading, and
redesignated as sections 4123, 4124, and 4126, respectively.
``(2) Transfer of section 2364(b) and (c).--
``(A) Heading.--Such subchapter III is further amended by
inserting after section 4124, as transferred and redesignated
by paragraph (1), the following:
`` `Sec. 4125. Functions of Defense research facilities'.
``(B) Text.--Subsections (b) and (c) of section 2364 of
such title are transferred to such subchapter, inserted after
the section heading for section 4125, as added by
subparagraph (A), and redesignated as subsections (a) and
(b), respectively.''.
(B) Revised cross-reference amendment.--Subsection (c) of
such section 1843 is amended by striking ``section 4103(a)''
in the matter to be inserted and inserting ``section
4123(a)''.
(C) Conforming amendments to transferred section.--Such
section 1843 is further amended by adding at the end the
following new subsection:
``(d) Conforming Amendments to Transferred Section.--
Section 4124 of such title, as transferred and redesignated
by subsection (b)(1), is amended in subsection (b)(3)(B)(ii),
by striking `2358, 2371, 2511, 2539b, and 2563' and inserting
`2563, 4001, 4021, 4831, and 4062'.''.
(5) Revised chapter 305.--
(A) New chapter 305.--Subsection (a) of section 1844 of the
FY2021 NDAA is amended--
(i) by striking ``chapter 305, as added by the preceding
section'' and inserting ``chapter 303, as added by section
1842''; and
(ii) by striking the matter inserted by that subsection and
inserting:
``CHAPTER 305--UNIVERSITIES
``Sec.
``4141. Award of grants and contracts to colleges and universities:
requirement of competition.
``4142. Extramural acquisition innovation and research activities.
[[Page H7100]]
``4143. Research and development laboratories: contracts for services
of university students.
``4144. Research and educational programs and activities: historically
black colleges and universities and minority-serving
institutions of higher education.''.
(B) Transfer of title 10 sections to new chapter 305.--Such
section is further amended by striking subsections (b), (c),
(d), and (e) and inserting the following:
``(b) Transfer of Title 10 Sections.--Sections 2361, 2361a,
2360, and 2362 of title 10, United States Code, are
transferred to chapter 305 of such title, as added by
subsection (a), inserted (in that order) after the table of
sections, and redesignated as section 4141, 4142, 4143, and
4144, respectively.''.
(6) Revised chapter 307.--
(A) Redesignation of chapter 309 as chapter 307.--
Subsection (a) of section 1845 of the FY2021 NDAA is
amended--
(i) by striking ``chapter 307, as added by the preceding
section'' and inserting ``chapter 305, as added by section
1844''; and
(ii) by redesignating the chapter added by that section as
chapter 307.
(B) Transfer of additional sections to redesignated chapter
307.--Subsection (b) of such section is amended--
(i) by striking ``and 196'' and inserting ``196, 2353, and
2681''; and
(ii) by striking ``section 4171, 4172, and 4173'' and
inserting ``sections 4171, 4172, 4173, 4174, and 4175''.
(C) Table of sections.--The table of sections inserted by
subsection (a) of such section is amended by adding at the
end the following new items:
``4174. Contracts: acquisition, construction, or furnishing of test
facilities and equipment.
``4175. Use of test and evaluation installations by commercial
entities.''.
(v) Conforming Amendments to Delete Conflicting Transfers
of Certain Sections.--
(1) Deletion of transfer of section 2302e to chapter 243.--
Section 1818 of the FY2021 NDAA is amended--
(A) by striking subsection (c); and
(B) by striking the last item in the table of sections
inserted by subsection (a).
(2) Deletion of transfer of section 2362 to chapter 287.--
Section 1838 of the FY2021 NDAA is amended--
(A) in subsection (b), by striking ``2362,'' and ``3904,'';
and
(B) by striking the item relating to section 3904 in the
table of sections inserted by subsection (a) and inserting
the following new item:
``3904. [Reserved].''.
(w) Amendments to Tables of Sections Not in Part V.--Title
10, United States Code, is amended as follows:
(1) The table of sections at the beginning of chapter 81 is
amended by striking the item relating to section 1599h.
(2) The table of sections at the beginning of chapter 111
is amended by striking the item relating to section 2192a.
(3) The table of sections at the beginning of chapter 159
is amended by striking the item relating to section 2681.
SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS
RELATED TO THE TRANSFER AND REORGANIZATION OF
DEFENSE ACQUISITION STATUTES.
(a) Amendments to Title 10, United States Code.--Title 10,
United States Code, is amended as follows:
(1) Section 171a(i)(3) is amended by striking ``2366a(d)''
and inserting ``4251(d)''.
(2) Section 181(b)(6) is amended by striking ``sections
2366a(b), 2366b(a)(4),'' and inserting ``sections 4251(b),
4252(a)(4),''.
(3) Section 1734(c)(2) is amended by striking ``section
2435(a)'' and inserting ``section 4214(a)''.
(b) Amendments to Laws Classified as Notes in Title 10,
United States Code.--
(1) Section 801(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2302
note) is amended by striking ``section 2545'' and inserting
``section 3001''.
(2) Section 323(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 2463 note) is amended by striking ``section 235,
2330a, or 2463'' and inserting ``section 2463, 3137, or
4505''.
(3) Section 8065 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 10 U.S.C. 2540
note), is amended--
(A) by striking ``subchapter VI of chapter 148'' both
places it appears and inserting ``subchapter I of chapter
389''; and
(B) by striking ``section 2540c(d)'' and inserting
``section 4974(d)''.
(c) Amendments to Laws Classified in Title 6, United States
Code (homeland Security).--
(1) Section 831(a)(1) of the Homeland Security Act of 2002
(6 U.S.C. 391(a)) is amended by striking ``section 2371'' and
inserting ``section 4021''.
(2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended
by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) Section 134 of title 41, United States Code.
``(2) Section 153 of title 41, United States Code.
``(3) Section 3015 of title 10, United States Code.''.
(3) Section 855 of such Act (6 U.S.C. 425) is amended--
(A) in subsection (a)(2), by striking subparagraphs (A),
(B), and (C) and inserting the following:
``(A) Sections 1901 and 1906 of title 41, United States
Code.
``(B) Section 3205 of title 10, United States Code.
``(C) Section 3305 of title 41, United States Code.''; and
(B) in subsection (b)(1), by striking ``provided in'' and
all that follows through ``shall not'' and inserting
``provided in section 1901(a)(2) of title 41, United States
Code, section 3205(a)(2) of title 10, United States Code, and
section 3305(a)(2) of title 41, United States Code, shall
not''.
(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended
by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) Federal property and administrative services act of
1949.--In division C of subtitle I of title 41, United States
Code:
``(A) Paragraphs (1), (2), (6), and (7) of subsection (a)
of section 3304 of such title, relating to use of procedures
other than competitive procedures under certain circumstances
(subject to subsection (d) of such section).
``(B) Section 4106 of such title, relating to orders under
task and delivery order contracts.
``(2) Title 10, united states code.--In part V of subtitle
A of title 10, United States Code:
``(A) Paragraphs (1), (2), (6), and (7) of subsection (a)
of section 3204, relating to use of procedures other than
competitive procedures under certain circumstances (subject
to subsection (d) of such section).
``(B) Section 3406, relating to orders under task and
delivery order contracts.
``(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41,
United Sates Code, relating to inapplicability of a
requirement for procurement notice.''.
(5) Section 604(f) of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by
striking ``section 2304(g)'' and inserting ``section 3205''.
(d) Amendments to Title 14, United States Code (coast
Guard).--Title 14, United States Code, is amended as follows:
(1) Section 308(c)(10)(B)(ii) is amended by striking
``section 2547(c)(1)'' and inserting ``section 3104(c)(1)''.
(2) Section 1137(b)(4) is amended by striking ``section
2306b'' and inserting ``section 3501''.
(3) Section 1906(b)(2) is amended by striking ``chapter
137'' and inserting ``sections 3201 through 3205''.
(e) Amendments to Laws Classified in Title 15, United
States Code (commerce).--
(1) Section 14(a) of the Metric Conversion Act of 1975 (15
U.S.C. 205l(a)) is amended--
(A) in the first sentence, by striking ``set forth in
chapter 137'' and all that follows through ``et seq.),'' and
inserting ``set forth in the provisions of title 10, United
States Code, referred to in section 3016 of such title as
`chapter 137 legacy provisions', section 3453 of such title,
division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41, United
States Code,'';
(B) in the second sentence, by striking ``under section
2377(c)'' and all that follows through the period and
inserting ``under section 3453(c) of title 10, United States
Code, and section 3307(d) of title 41, United States Code.'';
and
(C) in the third sentence, by striking ``section 2377'' and
all that follows through ``shall take'' and inserting
``section 3453 of title 10, United Sates Code, or section
3307(b) to (d) of title 41, United States Code, then the
provisions of such sections 3453 or 3307(b) to (d) shall
take''.
(2) Section 8 of the Small Business Act (15 U.S.C. 637) is
amended--
(A) in subsection (g)(2), by striking ``section 2304(c)''
and inserting ``section 3204(a)''; and
(B) in subsection (h)--
(i) in paragraph (1)(B), by striking ``chapter 137'' and
inserting ``sections 3201 through 3205''; and
(ii) in paragraph (2), by striking ``section 2304(f)(2)''
and ``section 2304(f)(1)'', and inserting ``paragraphs (3)
and (4) of section 3204(e)'' and ``section 3204(e)(1)'',
respectively.
(3) Section 9 of the Small Business Act (15 U.S.C. 638) is
amended in subsection (r)(4)(A) by striking ``section 2304''
and inserting ``sections 3201 through 3205''.
(4) Section 884(a)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 15 U.S.C. 638
note) is amended by striking ``section 2500'' and inserting
``section 4801''.
(5) Section 15 of the Small Business Act (15 U.S.C. 644) is
amended--
(A) in subsection (k)--
(i) in paragraph (17)(B), by striking ``section 2318'' and
inserting ``section 3249'';
(ii) in paragraph (17)(C), by striking ``chapter 142'' and
inserting ``chapter 388''; and
(iii) in paragraph (18), by striking ``section 2784'' and
inserting ``section 4754'';
(B) in subsection (r)(2), by striking ``section 2304c(b)''
and inserting ``section 3406(c)''; and
(C) in subsections (u) and (v), by striking ``chapter 142''
and inserting ``chapter 388''.
(6) Section 16 of the Small Business Act (15 U.S.C. 645) is
amended in subsection (d)(3) by striking ``chapter 142'' and
inserting ``chapter 388''.
(7) Section 272 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 15 U.S.C.
4602) is amended in subsection (c) by striking ``section
2306a'' and inserting ``chapter 271''.
(f) Amendments to Titles 32, United States Code (national
Guard) and 37, United States Code (pay and Allowances).--
(1) Section 113 of title 32, United States Code, is amended
in subsection (b)(1)(B) by striking ``section 2304(c)'' and
inserting ``section 3204(a)''.
(2) Section 418 of title 37, United States Code, is amended
in subsection (d)(2)(A)--
(A) by striking ``section 2533a'' and inserting ``section
4862''; and
(B) by striking ``chapter 137 of title 10'' and inserting
``chapter 137 legacy provisions (as such term is defined in
section 3016 of title 10)''.
(g) Amendments to Title 40, United States Code (public
Buildings).--Title 40, United States Code, is amended as
follows:
[[Page H7101]]
(1) Section 113(e) is amended--
(A) in paragraph (3)--
(i) by striking ``chapter 137'' and inserting ``section
3063''; and
(ii) by striking ``that chapter;'' and inserting ``the
provisions of that title referred to in section 3016 of such
title as `chapter 137 legacy provisions';''; and
(B) in paragraph (5), by striking ``section 2535'' and
inserting ``section 4881''.
(2) Section 581(f)(1)(A) is amended by striking ``section
2535'' and inserting ``section 4881''.
(h) Amendments to Title 41, United States Code (public
Contracts).--Title 41, United States Code, is amended as
follows:
(1) Section 1127(b) is amended by striking ``section
2324(e)(1)(P)'' and inserting ``section 3744(a)(16)''.
(2) Section 1303(a)(1) is amended by striking ``chapters 4
and 137 of title 10'' and inserting ``chapter 4 of title 10,
chapter 137 legacy provisions (as such term is defined in
section 3016 of title 10)''.
(3) Section 1502(b)(1)(B) is amended by striking ``section
2306a(a)(1)(A)(i)'' and inserting ``section 3702(a)(1)(A)''.
(4) Section 1708(b)(2)(A) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(5) Section 1712(b)(2)(B) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(6) Section 1901(e)(2) is amended by striking ``section
2304(f)'' and inserting ``section 3204(e)''.
(7) Section 1903 is amended--
(A) in subsection (b)(3), by striking ``section
2304(g)(1)(B)'' and inserting ``section 3205(a)(2)''; and
(B) in subsection (c)(2)(B), by striking ``section 2306a''
and inserting ``chapter 271''.
(8) Section 1907(a)(3)(B)(ii) is amended by striking
``section 2305(e) and (f)'' and inserting ``section 3308''.
(9) Section 1909(e) is amended by striking ``section 2784''
and inserting ``section 4754''.
(10) Section 2101(2)(A) is amended by striking ``section
2306a(h)'' and inserting ``section 3701''.
(11) Section 2311 is amended by striking ``section 2371''
and inserting ``section 4021''.
(12) Section 3302 is amended--
(A) in subsection (a)(3)--
(i) in subparagraph (A), by striking ``section 2302(2)(C)''
and inserting ``section 3012(3)''; and
(ii) in subparagraph (B), by striking ``sections 2304a to
2304d of title 10,'' and inserting ``chapter 245 of title
10'';
(B) in subsection (c)(1)(A)(i), by striking ``section
2304c(b)'' and inserting ``section 3406(c)''; and
(C) in subsection (d)(1)(B), by striking ``section
2304(f)(1)'' and inserting ``section 3204(e)(1)''.
(13) Section 3307(e)(1) is amended by striking ``chapter
140'' and inserting ``chapter 247''.
(14) Section 4104 is amended--
(A) in subsection (a), by striking ``sections 2304a to
2304d'' and inserting ``chapter 245''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``sections 2304a to
2304d'' and inserting ``chapter 245'';
(ii) in paragraph (2)(B), by striking ``section 2304c(b)''
and inserting ``section 3406(c)''; and
(iii) in paragraph (2)(C), by striking ``section 2304c(c)''
and inserting ``section 3406(e)''.
(i) Amendments to Laws Classified as Notes in Title 41,
United States Code.--
(1) Section 555 of the FAA Reauthorization Act of 2018
(Public Law 115-254; 41 U.S.C. preceding 3101 note) is
amended by striking ``section 2305'' in subsections (a)(4)
and (c)(1) and inserting ``sections 3206 through 3208 and
sections 3301 through 3309''.
(2) Section 846(f)(5) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901
note) is amended by striking ``section 2304'' and inserting
``sections 3201 through 3205''.
(3) Section 811 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 41 U.S.C. 3304 note)
is amended--
(A) in subsection (a)(3), by striking ``sections
2304(f)(1)(C) and 2304(l)'' and inserting ``sections
3204(e)(1)(C) and 3204(f)''; and
(B) in subsection (c)--
(i) in paragraph (1)(A), by striking ``section
2304(f)(2)(D)(ii)'' and inserting ``section
3204(e)(4)(D)(ii)'';
(ii) in paragraph (2)(A), by striking ``section 2302(1)''
and inserting ``section 3004''; and
(iii) in paragraph (3)(A), by striking ``section
2304(f)(1)(B)'' and inserting ``section 3204(e)(1)(B)''.
(j) Amendments to Laws Classified in Title 42, United
States Code.--
(1) The Public Health Service Act (Public Law 78-410) is
amended--
(A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking
``sections 2353 and 2354'' and inserting ``sections 3861 and
4141''; and
(B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking
``section 2354'' and inserting ``section 3861''.
(2) Section 403(a) of the Housing Amendments of 1955 (42
U.S.C. 1594(a)) is amended by striking ``section 3 of the
Armed Services Procurement Act of 1947'' and inserting
``chapters 221 and 241 of title 10, United States Code''.
(3) Title II of the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1986
(Public Law 99-160), is amended by striking ``section 2354''
in the last proviso in the paragraph under the heading
``National Science Foundation--Research and Related
Activities'' (42 U.S.C. 1887) and inserting ``section 3861''.
(4) Section 306(b)(2) of the Disaster Mitigation Act of
2000 (42 U.S.C. 5206(b)(2)) is amended by striking ``section
2393(c)'' and inserting ``section 4654(c)''.
(5) Section 801(c)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8287) is amended by striking ``section
2304c(d)'' and all that follows and inserting ``section
3406(d) of title 10, United States Code, and section 4106(d)
of title 41, United States Code.''.
(6) Section 3021(a) of the Energy Policy Act of 1992 (42
U.S.C. 13556) is amended by striking ``chapter 137 of title
10'' and inserting ``chapter 137 legacy provisions (as such
term is defined in section 3016 of title 10, United States
Code)''.
(k) Amendments to Laws Classified in Title 50, United
States Code.--
(1) Section 141(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
50 U.S.C. 1521a(a)) is amended by striking ``section 2430''
and inserting ``section 4201''.
(2) Section 502(a) of the National Emergencies Act (50
U.S.C. 1651(a)) is amended by striking paragraphs (1) through
(5) and inserting the following:
``(1) Chapters 1 to 11 of title 40, United States Code, and
division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41, United
States Code.
``(2) Section 3727(a)-(e)(1) of title 31, United States
Code.
``(3) Section 6305 of title 41, United States Code.
``(4) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat.
972; 50 U.S.C. 1431 et seq.).
``(5) Section 3201(a) of title 10, United States Code.''.
(3) The Atomic Energy Defense Act is amended as follows:
(A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577) are each
amended in subsection (a)(2) by striking ``section 2432'' and
inserting ``section 4351''.
(B) Section 4813 (50 U.S.C. 2794) is amended by striking
``section 2500'' in subsection (c)(1)(C) and inserting
``section 4801''.
(4) Section 107 of the Defense Production Act (50 U.S.C.
4517) is amended in subsection (b)(2)(B) by striking clauses
(i) and (ii) and inserting the following:
``(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10,
United States Code;
``(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41,
United States Code; or''.
(l) Other Amendments.--
(1) Section 1473H of the National Agriculture Advanced
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3319k) is amended by striking ``section 2371'' in
subsections (b)(6)(A) and (d)(1)(B) and inserting ``section
4021''.
(2) Section 1301 of title 17, United States Code, is
amended in subsection (a)(3) by striking ``section 2320'' and
inserting ``subchapter I of chapter 275''.
(3) Section 21 of the Arms Export Control Act (22 U.S.C.
2761) is amended by striking ``chapter 137'' in subsection
(l)(4) and subsection (m)(4) and inserting ``chapter 137
legacy provisions (as such term is defined in section 3016 of
title 10, United States Code)''.
(4) Section 3 of the Foreign Direct Investment and
International Financial Data Improvements Act of 1990 (Public
Law 101-533; 22 U.S.C. 3142) is amended in subsection (c)(2)
by striking ``section 2505'' and inserting ``section 4816''.
(5) Section 3553 of title 31, United States Code, is
amended in subsection (d)(4)(B) by striking ``section
2305(b)(5)(B)(vii)'' and inserting ``section 3304(c)(1)(G)''.
(6) Section 226 of the Water Resources Development Act of
1992 (33 U.S.C. 569f) is amended by striking ``section
2393(c)'' and inserting ``section 4654(c)''.
(7) Section 40728B(e) of title 36, United States Code, is
amended--
(A) striking ``subsection (k) of section 2304'' and
inserting ``section 3201(e)''; and
(B) by striking ``subsection (c) of such section'' and
inserting ``section 3204(a)''.
(8) Section 1427(b) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 40 U.S.C. 1103
note) is amended by striking ``sections 2304a and 2304b'' and
inserting ``sections 3403 and 3405''.
(9) Section 895(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 40 U.S.C. 11103
note) is amended by striking ``section 2366a(d)(7)'' and
inserting ``section 4251(d)(5)''.
(10) Sections 50113(c), 50115(b), and 50132(a) of title 51,
United States Code, are amended by striking ``including
chapters 137 and 140'' and inserting ``including applicable
provisions of chapters 201 through 285, 341 through 343, and
363''.
(11) Section 823(c)(3)(C) of the National Aeronautics and
Space Administration Transition Authorization Act of 2017
(Public Law 115-10; 51 U.S.C. preceding 30301 note) is
amended by striking ``section 2319'' and inserting ``section
3243''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents, and similar
tabular entries.
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. Additional authority to carry out fiscal year 2018 project
at Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year
2021 project.
[[Page H7102]]
Sec. 2107. Additional authorized funding source for certain fiscal year
2022 project.
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as
the ``Military Construction Authorization Act for Fiscal Year
2022''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF
CONFORMING CHANGES TO TABLES OF SECTIONS,
TABLES OF CONTENTS, AND SIMILAR TABULAR
ENTRIES.
(a) Effective Date.--Titles XXI through XXVII shall take
effect on the later of--
(1) October 1, 2021; or
(2) the date of the enactment of this Act.
(b) Elimination of Need for Certain Separate Conforming
Amendments.--
(1) Automatic execution of conforming changes.--When an
amendment made by a provision of this division to a covered
defense law adds a section or larger organizational unit to
the covered defense law, repeals or transfers a section or
larger organizational unit in the covered defense law, or
amends the designation or heading of a section or larger
organizational unit in the covered defense law, that
amendment also shall have the effect of amending any table of
sections, table of contents, or similar table of tabular
entries in the covered defense law to alter the table to
conform to the changes made by the amendment.
(2) Exceptions.--Paragraph (1) shall not apply to an
amendment described in such paragraph when--
(A) the amendment, or a separate clerical amendment enacted
at the same time as the amendment, expressly amends a table
of sections, table of contents, or similar table of tabular
entries in the covered defense law to alter the table to
conform to the changes made by the amendment; or
(B) the amendment otherwise expressly exempts itself from
the operation of this section.
(3) Covered defense law.--In this subsection, the term
``covered defense law'' means--
(A) titles 10, 32, and 37 of the United States Code;
(B) any national defense authorization Act or military
construction authorization Act that authorizes funds to be
appropriated for a fiscal year to the Department of Defense;
and
(C) any other law designated in the text thereof as a
covered defense law for purposes of application of this
section.
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. Additional authority to carry out fiscal year 2018 project
at Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2107. Additional authorized funding source for certain fiscal year
2022 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot........................... $25,000,000
Fort Rucker................................... $66,000,000
Redstone Arsenal.............................. $55,000,000
California..................................... Fort Irwin.................................... $52,000,000
Georgia........................................ Fort Stewart.................................. $105,000,000
Hawaii......................................... West Loch Naval Magazine Annex................ $51,000,000
Wheeler Army Airfield......................... $140,000,000
Kansas......................................... Fort Leavenworth.............................. $34,000,000
Kentucky....................................... Fort Knox..................................... $27,000,000
Louisiana...................................... Fort Polk..................................... $111,000,000
Maryland....................................... Fort Detrick.................................. $23,981,000
Fort Meade.................................... $81,000,000
New Mexico..................................... White Sands Missile Range..................... $29,000,000
New York....................................... Fort Hamilton................................. $26,000,000
Watervliet Arsenal............................ $20,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $21,000,000
Texas.......................................... Fort Hood..................................... $130,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................................ Shape Headquarters............................ $16,000,000
Germany........................................ East Camp Grafenwoehr......................... $103,000,000
Smith Barracks................................ $33,500,000
Classified Location............................ Classified Location........................... $31,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installation or location, in the number of
units or for the purpose, and in the amount set forth in the
following table:
[[Page H7103]]
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $92,304,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $22,545,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 may not exceed the total
amount authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2017 PROJECT.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (130 Stat. 2689), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Wiesbaden Army Airfield... Hazardous Material $2,700,000
Storage Building........
----------------------------------------------------------------------------------------------------------------
SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL YEAR 2018
PROJECT AT FORT BLISS, TEXAS.
(a) Project Authorization.--The Secretary of the Army may
carry out a military construction project to construct a
defense access road at Fort Bliss, Texas, in the amount of
$20,000,000.
(b) Use of Amounts.--The Secretary of the Army may use
funds appropriated under section 131 of the Military
Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2018 (title I of division J of Public Law
115-141; 132 Stat. 805) for the Defense Access Road Program
to carry out subsection (a).
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2021 PROJECT.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283) for Fort Wainwright,
Alaska, for construction of Unaccompanied Enlisted Personnel
Housing, as specified in the funding table in section 4601 of
such Public Law, the Secretary of the Army may construct--
(1) an Unaccompanied Enlisted Personnel Housing building of
104,300 square feet to incorporate a modified standard
design; and
(2) an outdoor recreational shelter, sports fields and
courts, barbecue and leisure area, and fitness stations
associated with the Unaccompanied Enlisted Personnel Housing.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283) is
amended in the item relating to Fort Wainwright, Alaska, by
striking ``$114,000,000'' and inserting ``$146,000,000'' to
reflect the project modification made by subsection (a).
(2) Division d table.--The funding table in section 4601 of
Public Law 116-283 is amended in the item relating to Fort
Wainwright Unaccompanied Enlisted Personnel Housing by
striking ``$59,000'' in the Conference Authorized column and
inserting ``$91,000'' to reflect the project modification
made by subsection (a).
SEC. 2107. ADDITIONAL AUTHORIZED FUNDING SOURCE FOR CERTAIN
FISCAL YEAR 2022 PROJECT.
To carry out an unspecified minor military construction
project in the amount of $3,600,000 at Aberdeen Proving
Ground, Maryland, to construct a 6,000 square foot recycling
center to meet the requirements of a qualified recycling
program at the installation, the Secretary of the Army may
use funds available to the Secretary under section
2667(e)(1)(C) of title 10, United States Code, in addition to
funds appropriated for unspecified minor military
construction for the project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Marine Corps Air Station Yuma................... $29,300,000
California................................... Marine Corps Air Station Miramar................ $240,900,000
Marine Corps Base Camp Pendleton................ $106,100,000
Marine Corps Reserve Depot San Diego............ $93,700,000
Naval Base Coronado............................. $63,600,000
Naval Base Ventura County....................... $197,500,000
San Nicolas Island............................. $19,907,000
Florida...................................... Marine Corps Support Facility Blount Island..... $69,400,000
Naval Undersea Warfare Center Panama City $37,980,000
Division.......................................
Guam......................................... Andersen Air Force Base......................... $50,890,000
Joint Region Marianas........................... $507,527,000
Hawaii....................................... Marine Corps Base Kaneohe....................... $165,700,000
Marine Corps Training Area Bellows.............. $6,220,000
North Carolina............................... Marine Corps Air Station Cherry Point........... $321,417,000
Pennsylvania................................. Naval Surface Warfare Center Philadelphia $77,290,000
Division.......................................
South Carolina............................... Marine Corps Reserve Depot Parris Island........ $6,000,000
Marine Corps Air Station Beaufort............... $130,300,000
Virginia..................................... Marine Corps Base Quantico...................... $42,850,000
Naval Station Norfolk........................... $344,793,000
Naval Weapons Station Yorktown.................. $93,500,000
Portsmouth Naval Shipyard....................... $156,380,000
----------------------------------------------------------------------------------------------------------------
[[Page H7104]]
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Fleet Activities Yokosuka....................... $49,900,000
Spain......................................... Naval Station Rota.............................. $85,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2203(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Navy may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units or for the purposes, and in the amounts set forth in
the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia................... Marine Barracks Washington. Family housing $10,415,000
improvements............
Japan.................................. Fleet Activities Yokosuka.. Family housing $61,469,000
improvements............
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2203(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$71,884,000.
(c) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Navy may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $3,634,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Eielson Air Force Base...................... $44,850,00
Joint Base Elmendorf-Richardson............. $251,000,000
Arizona........................................ Davis-Monthan Air Force Base................ $13,400,000
Luke Air Force Base......................... $49,000,000
California..................................... Vandenberg Space Force Base................. $67,000,000
Colorado....................................... Schriever Space Force Base.................. $30,000,000
United States Air Force Academy............. $4,360,000
District of Columbia........................... Joint Base Anacostia-Bolling................ $24,000,000
Florida........................................ Eglin Air Force Base........................ $14,000,000
Guam........................................... Joint Region Marianas....................... $85,000,000
Louisiana...................................... Barksdale Air Force Base.................... $272,000,000
Maryland....................................... Joint Base Andrews.......................... $26,000,000
Massachusetts.................................. Hanscom Air Force Base...................... $66,000,000
Nevada......................................... Creech Air Force Base....................... $14,200,000
Ohio........................................... Wright-Patterson Air Force Base............. $24,000,000
Oklahoma....................................... Tinker Air Force Base....................... $160,000,000
South Carolina................................. Joint Base Charleston....................... $59,000,000
South Dakota................................... Ellsworth Air Force Base.................... $242,000,000
Tennessee...................................... Arnold Air Force Base....................... $14,600,000
Texas.......................................... Joint Base San Antonio...................... $141,000,000
Joint Base San Antonio-Fort Sam Houston..... $29,000,000
Joint Base San Antonio-Lackland............. $29,000,000
Sheppard Air Force Base..................... $20,000,000
Virginia....................................... Joint Base Langley-Eustis................... $24,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
[[Page H7105]]
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Royal Australian Air Force Base Darwin...... $7,400,000
Royal Australian Air Force Base Tindal...... $14,400,000
Italy.......................................... Aviano Air Force Base....................... $10,200,000
Japan.......................................... Kadena Air Base............................. $206,000,000
Misawa Air Base............................. $25,000,000
Yokota Air Base............................. $39,000,000
United Kingdom................................. Royal Air Force Lakenheath.................. $108,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $105,528,000.
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $10,458,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 may not exceed the total
amount authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2017 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorizations set forth in the table in subsection (b), as
provided in sections 2301 and 2902 of that Act (130 Stat.
2696, 2743), shall remain in effect until October 1, 2023, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2024, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State or Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Guam.................................. Joint Region Marianas..... APR - Munitions Storage $35,300,000
Igloos, Phase 2.........
Joint Region Marianas..... APR - SATCOM C4I Facility $14,200,000
Japan................................. Kadena Air Base........... APR - Replace Munitions $19,815,000
Structures..............
Yokota Air Base........... C-130J Corrosion Control $23,777,000
Hangar..................
Yokota Air Base........... Construct Combat Arms $8,243,000
Training and Maintenance
Facility................
Massachusetts......................... Hanscom Air Force Base.... Vandenberg Gate Complex.. $10,965,000
United Kingdom........................ Royal Air Force Croughton. Main Gate Complex........ $16,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY
CONSTRUCTION PROJECTS AT TYNDALL AIR FORCE
BASE, FLORIDA.
(a) Fiscal Year 2018 Project.--In the case of the
authorization contained in the table in section 2301(b) of
the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-91; 131 Stat. 1825) for
Tyndall Air Force Base, Florida, for construction of a Fire
Station, as specified in the funding table in section 4601 of
that Public Law (131 Stat. 2002), the Secretary of the Air
Force may construct a crash rescue/structural fire station
encompassing up to 3,588 square meters.
(b) Fiscal Year 2020 Projects.--In the case of the
authorization contained in section 2912(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division
B of Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force
Base, Florida--
(1) for construction of Site Development, Utilities, and
Demo Phase 1, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the
Air Force may construct--
(A) up to 3,698 lineal meters of waste water utilities;
(B) up to 6,306 lineal meters of storm water utilities; and
(C) two emergency power backup generators;
(2) for construction of Munitions Storage Facilities, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 4,393 square meters of aircraft support equipment
storage yard;
(B) up to 1,535 square meters of tactical missile
maintenance facility; and
(C) up to 560 square meters of missile warhead assembly and
maintenance shop and storage;
(3) for construction of 53 WEG Complex, as specified in the
Natural Disaster Recovery Justification Book dated August
2019, the Secretary of the Air Force may construct--
(A) up to 1,693 square meters of aircraft maintenance shop;
(B) up to 1,458 square meters of fuel systems maintenance
dock; and
(C) up to 3,471 square meters of group headquarters;
(4) for construction of 53 WEG Subscale Drone Facility, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct up to 511 square meters of pilotless aircraft shop
in a separate facility;
(5) for construction of CE/Contracting/USACE Complex, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 557 square meters of base engineer storage shed
6000 area; and
(B) up to 183 square meters of non-Air Force administrative
office;
(6) for construction of Logistics Readiness Squadron
Complex, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the
Air Force may construct--
(A) up to 802 square meters of supply administrative
headquarters;
(B) up to 528 square meters of vehicle wash rack; and
(C) up to 528 square meters of vehicle service rack;
(7) for construction of Fire Station Silver Flag #4, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct up to 651 square meters of fire station;
(8) for construction of AFCEC RDT&E, as specified in the
Natural Disaster Recovery Justification Book dated August
2019, the Secretary of the Air Force may construct--
(A) up to 501 square meters of CE Mat Test Runway Support
Building;
(B) up to 1,214 square meters of Robotics Range Control
Support Building; and
(C) up to 953 square meters of fire garage;
(9) for construction of Flightline-Munitions Storage, 7000
Area, as specified in the funding table in section 4603 of
Public Law 116-92; 133 Stat. 2103), the Secretary of the Air
Force may construct--
(A) up to 1,861 square meters of above ground magazines;
and
(B) up to 530 square meters of air support equipment shop/
storage facility pad;
(10) for construction of Site Development, Utilities and
Demo Phase 2, as specified in such
[[Page H7106]]
funding table and modified by section 2306(a)(6) of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283), the Secretary of the Air
Force may construct--
(A) up to 5,233 lineal meters of storm water utilities;
(B) up to 48,560 square meters of roads;
(C) up to 3,612 lineal meters of gas pipeline; and
(D) up to 993 square meters of water fire pumping station
with an emergency backup generator;
(11) for construction of Tyndall AFB Gate Complexes, as
specified in such funding table and modified by section
2306(a)(9) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283), the
Secretary of the Air Force may construct--
(A) up to 52,694 square meters of roadway with serpentines;
and
(B) up to 20 active/passive barriers;
(12) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table and modified
by section 2306(a)(11) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public
Law 116-283), the Secretary of the Air Force may construct up
to 144 square meters of AAFES shoppette;
(13) for construction of Airfield Drainage, as specified in
such funding table and modified by section 2306(a)(12) of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283), the Secretary of the Air
Force may construct--
(A) up to 37,357 meters of drainage ditch;
(B) up to 18,891 meters of storm drain piping;
(C) up to 19,131 meters of box culvert;
(D) up to 3,704 meters of concrete block swale;
(E) up to 555 storm drain structures; and
(F) up to 81,500 square meters of storm drain ponds; and
(14) for construction of 325th Fighting Wing HQ Facility,
as specified in such funding table and modified by section
2306(a)(13) of the Military Construction Authorization Act
for Fiscal Year 2021 (division B of Public Law 116-283), the
Secretary of the Air Force may construct up to 769 square
meters of separate administrative space for SAPR/SARC.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension and modification of authority to carry out certain
fiscal years 2017 and 2019 projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Redstone Arsenal............................... $153,000,000
California................................... Marine Corps Base Camp Pendleton............... $13,600,000
Silver Strand Training Complex................. $33,700,000
Colorado..................................... Buckley Air Force Base......................... $20,000,000
Georgia...................................... Fort Benning................................... $62,000,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam................. $29,800,000
Maryland..................................... Fort Meade..................................... $1,201,000,000
New Mexico.................................. Kirtland Air Force Base........................ $8,600,000
Virginia..................................... Fort Belvoir................................... $29,800,000
Humphries Engineer Center and Support Activity. $36,000,000
Pentagon....................................... $50,543,000
Washington................................... Oak Harbor..................................... $59,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Ramstein Air Base............................. $93,000,000
Japan........................................ Kadena Air Base............................... $24,000,000
Misawa Air Base............................... $6,000,000
United Kingdom............................... Royal Air Force Lakenheath.................... $19,283,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
California................................... Marine Corps Air Station Miramar.............. $4,054,000
Naval Air Weapons Station China Lake- $9,120,000
Ridgecrest...................................
District of Columbia......................... Joint Base Anacostia-Bolling.................. $31,261,000
Florida..................................... MacDill Air Force Base........................ $22,000,000
Georgia...................................... Fort Benning.................................. $17,593,000
Fort Stewart.................................. $22,000,000
Naval Submarine Base Kings Bay................ $19,314,000
Guam......................................... Polaris Point Submarine Base.................. $38,300,000
Idaho........................................ Mountain Home Air Force Base.................. $33,800,000
Michigan..................................... Camp Grayling................................. $5,700,000
Mississippi.................................. Camp Shelby................................... $45,655,000
New York..................................... Fort Drum..................................... $27,000,000
North Carolina............................... Fort Bragg.................................... $27,169,000
North Dakota................................. Cavalier Air Force Station.................... $24,150,000
Ohio......................................... Springfield-Beckley Municipal Airport......... $4,700,000
Puerto Rico.................................. Aguadilla..................................... $10,120,000
[[Page H7107]]
Fort Allen.................................... $12,190,000
Tennessee.................................... Memphis International Airport................. $4,780,000
Virginia..................................... Fort Belvoir.................................. $365,000
National Geospatial-Intelligence Agency Campus $5,299,000
East.........................................
Pentagon, Mark Center, and Raven Rock Mountain $2,600,000
Complex......................................
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................ Naval Air Facility Atsugi..................... $3,810,000
Kuwait....................................... Camp Arifjan.................................. $15,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 may not exceed the total
amount authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2404. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEARS 2017 AND 2019
PROJECTS.
(a) Extension of Fiscal Year 2017 Authorization.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in paragraph (2), as
provided in section 2401 of that Act (130 Stat. 2700), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Japan................................. Yokota Air Base........... Hanger/AMU............... $39,466,000
----------------------------------------------------------------------------------------------------------------
(b) Modification of Fiscal Year 2019 Authorization.--In the
case of the authorization contained in the table in section
2401(b) of the Military Construction Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 133 Stat.
2250) for Kinnick High School in Yokosuka, Japan, as
specified in the funding table in section 4601 of such Public
Law (133 Stat. 2407), the Secretary of Defense may treat the
high school and the field house as a single facility for the
purposes of defining the scope of work for the 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.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501 as
specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
(a) Authority to Accept Projects.--Pursuant to agreement
with the Republic of Korea for required in-kind
contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in
the Republic of Korea, and in the amounts, set forth in the
following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Unaccompanied Enlisted $52,000,000
Personnel Housing.....
Army................................. Camp Humphreys......... Type I Aircraft Parking $48,000,000
Apron and Parallel
Taxiway...............
Army................................. Camp Humphreys......... Black Hat Intelligence $149,000,000
Fusion Center.........
Navy................................. Mujuk.................. Expeditionary Dining $10,200,000
Facility..............
Air Force............................ Gimhae Air Base........ Repair Contingency $75,000,000
Hospital..............
Air Force............................ Osan Air Base.......... Munitions Storage Area $171,000,000
Move Delta (Phase 2)..
----------------------------------------------------------------------------------------------------------------
(b) Authorized Approach to Certain Construction Project.--
Section 2350k of title 10, United States Code, shall apply
with respect to the construction of the Black Hat
Intelligence Fusion Center at Camp Humphreys, Republic of
Korea, as set forth in the table in subsection (a).
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for
required in-kind contributions, the
[[Page H7108]]
Secretary of Defense may accept military construction
projects for the installations or locations in the Republic
of Poland, and in the amounts, set forth in the following
table:
Republic of Poland Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Poznan................. Command and Control $30,000,000
Facility..............
Army................................. Poznan................. Information Systems $7,000,000
Facility..............
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
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.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard installations or locations inside the
United States, and in the amounts, set forth in the following
table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal................................. $17,000,000
Connecticut................................. Army National Guard Readiness Center Putnam...... $17,500,000
Georgia..................................... Fort Benning..................................... $13,200,000
Guam........................................ National Guard Readiness Center Barrigada........ $34,000,000
Idaho....................................... Jerome National Guard Armory..................... $15,000,000
Illinois.................................... National Guard Armory Bloomington................ $15,000,000
Kansas...................................... Nickell Memorial Armory Topeka................... $16,732,000
Louisiana................................... Camp Minden...................................... $13,800,000
Lake Charles National Guard Readiness Center..... $18,500,000
Maine....................................... Saco National Guard Readiness Center............. $21,200,000
Michigan.................................... Camp Grayling.................................... $16,000,000
Mississippi................................. Camp Shelby...................................... $15,500,000
Montana..................................... Butte Military Entrance Testing Site............. $16,000,000
Nebraska.................................... Mead Army National Guard Readiness Center........ $11,000,000
North Dakota................................ Dickinson National Guard Armory.................. $15,500,000
South Dakota................................ Sioux Falls National Guard Armory................ $15,000,000
Vermont..................................... Bennington National Guard Armory................ $16,900,000
Camp Ethan Allen Training Site................... $4,665,000
Virginia.................................... National Guard Armory Troutville................. $13,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve installations or locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Army Reserve Center Southfield................. $12,000,000
Ohio.......................................... Wright-Patterson Air Force Base................ $19,000,000
Wisconsin..................................... Fort McCoy..................................... $70,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve installations or
locations inside the United States, and in the amounts, set
forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Naval Operational Support Center Battle Creek.. $49,090,000
Minnesota..................................... Minneapolis Air Reserve Station................ $14,350,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard installations or locations inside the
United States, and in the amounts, set forth in the following
table:
[[Page H7109]]
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Montgomery Regional Airport.................... $19,200,000
Sumpter Smith Air National Guard Base.......... $7,500,000
Connecticut................................... Bradley International Airport.................. $17,000,000
Delaware...................................... New Castle Air National Guard Base............. $17,500,000
Idaho......................................... Gowen Field.................................... $6,500,000
Illinois...................................... Abraham Lincoln Capital Airport................ $10,200,000
Massachusetts................................. Barnes Air National Guard Base................. $12,200,000
Michigan...................................... Alpena County Regional Airport................. $23,000,000
Selfridge Air National Guard Base.............. $28,000,000
W. K. Kellogg Regional Airport................. $10,000,000
Mississippi................................... Jackson International Airport.................. $9,300,000
New York...................................... Francis S. Gabreski Airport.................... $14,800,000
Schenectady Municipal Airport.................. $10,800,000
Ohio.......................................... Camp Perry..................................... $7,800,000
South Carolina................................ McEntire Joint National Guard Base............. $18,800,000
South Dakota.................................. Joe Foss Field................................. $9,800,000
Texas......................................... Kelly Field Annex.............................. $9,500,000
Washington.................................... Camp Murray Air National Guard Station......... $27,000,000
Wisconsin..................................... Truax Field.................................... $44,200,000
Wyoming....................................... Cheyenne Municipal Airport..................... $13,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations inside the United States, and in the amounts,
set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Beale Air Force Base........................... $33,000,000
Florida....................................... Homestead Air Force Reserve Base............... $14,000,000
Patrick Air Force Base......................... $18,500,000
Indiana....................................... Grissom Air Reserve Base....................... $29,000,000
Minnesota..................................... Minneapolis-St. Paul International Airport..... $14,000,000
New York...................................... Niagara Falls Air Reserve Station.............. $10,600,000
Ohio.......................................... Youngstown Air Reserve Station................. $8,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical
Depot and Chemical Agent-Destruction Pilot Plant,
Colorado.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
SEC. 2703. CONDITIONS ON CLOSURE OF CERTAIN PORTION OF PUEBLO
CHEMICAL DEPOT AND CHEMICAL AGENT-DESTRUCTION
PILOT PLANT, COLORADO.
(a) Definitions.--In this section:
(1) Covered portion of pueblo chemical depot defined.--The
term ``covered portion of Pueblo Chemical Depot'' means the
portion of Pueblo Chemical Depot, Colorado, that has not been
declared surplus before the date of the enactment of this
Act.
(2) Local redevelopment authority.--The term ``Local
Redevelopment Authority'' means the Local Redevelopment
Authority for Pueblo Chemical Depot, as recognized by the
Office of Local Defense Community Cooperation.
(b) Submission of Closure and Disposal Plans.--
(1) Plans required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(A) a plan for the closure of the covered portion of Pueblo
Chemical Depot upon the completion of the chemical
demilitarization mission of the Chemical Agent-Destruction
Pilot Plant at Pueblo Chemical Depot; and
(B) a plan for the disposal of all remaining land,
buildings, facilities, and equipment of the covered portion
of Pueblo Chemical Depot.
(2) Local redevelopment authority role.--In preparing the
disposal plan for the covered portion of Pueblo Chemical
Depot required by paragraph (1)(B), the Secretary of the Army
shall take into account the future role of the Local
Redevelopment Authority.
(c) Local Redevelopment Authority Eligibility for
Assistance.--The Secretary of Defense, acting through the
Office of Local Defense Community Cooperation, may make
grants, conclude cooperative agreements, and supplement other
Federal funds in order to assist the Local Redevelopment
Authority in planning community adjustments and economic
diversification required by the closure of Pueblo Chemical
Depot and the Chemical Agent-Destruction Pilot Plant if the
Secretary determines that the closure is likely to have a
direct and significantly adverse consequence on nearby
communities.
(d) General Closure, Realignment, and Disposal
Prohibition.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (2), the Secretary of the Army
shall take no action--
(A) to close or realign the covered portion of Pueblo
Chemical Depot or the Chemical Agent-Destruction Pilot Plant;
or
(B) to dispose of any surplus land, building, facility, or
equipment that comprises any portion of the Chemical Agent-
Destruction Pilot Plant other than to the Local Redevelopment
Authority.
(2) Duration.--The prohibition imposed by paragraph (1)
shall apply until the date on which the Secretary of the Army
makes a final closure and disposal decision for the covered
portion of Pueblo Chemical Depot following the submission of
the closure and disposal plans for the covered portion of
Pueblo Chemical Depot required by subsection (b).
(e) Prohibition on Demolition or Disposal Related to
Chemical Agent-Destruction Pilot Plant.--
[[Page H7110]]
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (4), the Secretary of the Army
may not--
(A) demolish any building, facility, or equipment described
in paragraph (2) that comprises any portion of the Chemical
Agent-Destruction Pilot Plant; or
(B) dispose of any such building, facility, or equipment
declared to be surplus other than to the Local Redevelopment
Authority.
(2) Covered buildings, facilities, and equipment.--The
prohibition imposed by paragraph (1) shall apply to the
following:
(A) Any surplus building, facility, or equipment located
outside of a Hazardous Waste Management Unit where chemical
munitions were present, but where contamination did not
occur, which are considered by the Secretary of the Army as
clean, safe, and acceptable for reuse by the public, after a
risk assessment by the Secretary.
(B) Any surplus building, facility, or equipment located
outside of a Hazardous Waste Management Unit that was not
contaminated by chemical munitions and that was without the
potential to be contaminated, such as office buildings, parts
warehouses, or utility infrastructure, which are considered
by the Secretary of the Army as suitable for reuse by the
public.
(3) Exception to prohibition.--The prohibition imposed by
paragraph (1) shall not apply to any building, facility, or
equipment otherwise described in paragraph (2) for which the
Local Redevelopment Authority provides to the Secretary of
the Army a written determination specifying that the
building, facility, or equipment is not needed for community
adjustment and economic diversification following the closure
of the Chemical Agent-Destruction Pilot Plant.
(4) Duration of prohibition.--The prohibition imposed by
paragraph (1) shall apply for a period of not less than two
years beginning on the date o the enactment of this Act.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Public availability of information on Facilities
Sustainment, Restoration, and Modernization projects.
Sec. 2802. Limitations on authorized cost and scope of work variations.
Sec. 2803. Department of Defense stormwater management projects for
military installations and defense access roads.
Sec. 2804. Use of amounts available for operation and maintenance in
carrying out military construction projects for energy
resilience, energy security, or energy conservation.
Sec. 2805. Flood risk management for military construction.
Sec. 2806. 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. Modification of calculation of military housing contractor
pay for privatized military housing.
Sec. 2812. Applicability of window fall prevention requirements to all
military family housing whether privatized or Government-
owned and Government-controlled.
Sec. 2813. Applicability of disability laws to privatized military
housing units and clarification of prohibition against
collection from tenants of amounts in addition to rent.
Sec. 2814. Required investments in improving military unaccompanied
housing.
Sec. 2815. Improvement of security of lodging and living spaces on
military installations.
Sec. 2816. 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.
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. Additional changes to requirements regarding master plans
for major military installations.
Sec. 2833. Prompt completion of military installation resilience
component of master plans for at-risk major military
installations.
Sec. 2834. Master plans and investment strategies for Army ammunition
plants guiding future infrastructure, facility, and
production equipment improvements.
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. Revisions to Unified Facilities Criteria regarding use of
variable refrigerant flow systems.
Sec. 2843. Amendment of Unified Facilities Criteria to promote energy
efficient military installations.
Sec. 2844. Additional Department of Defense activities to improve
energy resiliency of military installations.
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, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Department of Defense excess property, St.
Louis, Missouri.
Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to City of Virginia Beach, Virginia.
Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to School Board of City of Virginia Beach,
Virginia.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of sustainable building
materials in military construction.
Sec. 2862. Pilot program on establishment of account for reimbursement
for use of testing facilities at installations of the
Department of the Air Force.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services
provided by Naval Facilities Engineering Systems Command
Pacific.
Sec. 2872. Annual congressional briefing on renewal of Department of
Defense easements and leases of land in Hawai`i.
Sec. 2873. Hawai`i Military Land Use Master Plan.
Subtitle I--One-Time Reports and Other Matters
Sec. 2881. Clarification of installation and maintenance requirements
regarding fire extinguishers in Department of Defense
facilities.
Sec. 2882. GAO review and report of military construction contracting
at military installations inside the United States.
Subtitle A--Military Construction Program Changes
SEC. 2801. PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES
SUSTAINMENT, RESTORATION, AND MODERNIZATION
PROJECTS.
(a) Inclusion of Information on Required Internet Site.--
Section 2851(c)(1) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by adding after subparagraph (D) the following new
subparagraph (E):
``(E) Each military department project with a total cost in
excess of $15,000,000 for Facilities Sustainment,
Restoration, and Modernization.''; and
(3) in subparagraph (F), as so redesignated, by inserting
after ``construction project'' the following: ``, military
department Facilities Sustainment, Restoration, and
Modernization project,''.
(b) Application of Amendments.--Subparagraph (E) of section
2851(c)(1) of title 10, United States Code, as added by
subsection (a)(2), and subparagraph (F) of such section, as
amended by subsection (a)(3), shall apply with respect to a
military department Facilities Sustainment, Restoration, and
Modernization project described in such subparagraphs for
which an award of a contract or delivery order for the
project is made on or after June 1, 2022.
SEC. 2802. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK
VARIATIONS.
(a) Process for Approving Certain Exceptions;
Limitations.--Subsections (c) and (d) of section 2853 of
title 10, United States Code, are amended to read as follows:
``(c) Exceptions to Limitation on Cost Variations and Scope
of Work Reductions.--(1)(A) Except as provided in
subparagraph (D), the Secretary concerned may waive the
percentage or dollar cost limitation applicable to a military
construction project or a military family housing project
under subsection (a) and approve an increase in the cost
authorized for the project in excess of that limitation if
the Secretary concerned notifies the appropriate committees
of Congress of the cost increase in the manner provided in
this paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) identify the amount of the cost increase and the
reasons for the increase;
``(ii) certify that the cost increase is sufficient to meet
the mission requirement identified in the justification data
provided to Congress as part of the request for authorization
of the project; and
``(iii) describe the funds proposed to be used to finance
the cost increase.
``(C) A waiver and approval by the Secretary concerned
under subparagraph (A) shall take
[[Page H7111]]
effect only after the end of the 14-day period beginning on
the date on which the notification required by such
subparagraph is received by the appropriate committees of
Congress in an electronic medium pursuant to section 480 of
this title.
``(D) The Secretary concerned may not use the authority
provided by subparagraph (A)--
``(i) to waive the cost limitation applicable to a military
construction project with a total authorized cost greater
than $500,000,000 or a military family housing project with a
total authorized cost greater than $500,000,000; and
``(ii) to approve an increase in the cost authorized for
the project that would increase the project cost by more than
50 percent of the total authorized cost of the project.
``(E) In addition to the notification required by this
paragraph, subsection (f) applies whenever a military
construction project or military family housing project with
a total authorized cost greater than $40,000,000 will have a
cost increase of 25 percent or more. Subsection (f) may not
be construed to authorize a cost increase in excess of the
limitation imposed by subparagraph (D).
``(2)(A) The Secretary concerned may waive the percentage
or dollar cost limitation applicable to a military
construction project or a military family housing project
under subsection (a) and approve a decrease in the cost
authorized for the project in excess of that limitation if
the Secretary concerned notifies the appropriate committees
of Congress of the cost decrease not later than 14 days after
the date funds are obligated in connection with the project.
``(B) The notification required by subparagraph (A) shall
be provided in an electronic medium pursuant to section 480
of this title.
``(3)(A) The Secretary concerned may waive the limitation
on a reduction in the scope of work applicable to a military
construction project or a military family housing project
under subsection (b)(1) and approve a scope of work reduction
for the project in excess of that limitation if the Secretary
concerned notifies the appropriate committees of Congress of
the reduction in the manner provided in this paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) describe the reduction in the scope of work and the
reasons for the decrease; and
``(ii) certify that the mission requirement identified in
the justification data provided to Congress can still be met
with the reduced scope.
``(C) A waiver and approval by the Secretary concerned
under subparagraph (A) shall take effect only after the end
of the 14-day period beginning on the date on which the
notification required by such subparagraph is received by the
appropriate committees of Congress in an electronic medium
pursuant to section 480 of this title.
``(d) Exceptions to Limitation on Scope of Work
Increases.--(1) Except as provided in paragraph (4), the
Secretary concerned may waive the limitation on an increase
in the scope of work applicable to a military construction
project or a military family housing project under subsection
(b)(1) and approve an increase in the scope of work for the
project in excess of that limitation if the Secretary
concerned notifies the appropriate committees of Congress of
the reduction in the manner provided in this subsection.
``(2) The notification required by paragraph (1) shall
describe the increase in the scope of work and the reasons
for the increase.
``(3) A waiver and approval by the Secretary concerned
under paragraph (1) shall take effect only after the end of
the 14-day period beginning on the date on which the
notification required by such paragraph is received by the
appropriate committees of Congress in an electronic medium
pursuant to section 480 of this title.
``(4) The Secretary concerned may not use the authority
provided by paragraph (1) to waive the limitation on an
increase in the scope of work applicable to a military
construction project or a military family housing project and
approve an increase in the scope of work for the project that
would increase the scope of work by more than 10 percent of
the amount specified for the project in the justification
data provided to Congress as part of the request for
authorization of the project.''.
(b) Conforming Amendment Related to Calculating Limitation
on Cost Variations.--Section 2853(a) of title 10, United
States Code, is amended by striking ``the amount appropriated
for such project'' and inserting ``the total authorized cost
of the project''
(c) Clerical Amendments.--Section 2853 of title 10, United
States Code, is further amended--
(1) in subsection (a), by inserting ``Cost Variations
Authorized; Limitation.--'' after the enumerator ``(a)'';
(2) in subsection (b), by inserting ``Scope of Work
Variations Authorized; Limitation.--'' after the enumerator
``(b)'';
(3) in subsection (e), by inserting ``Additional Cost
Variation Exceptions.--'' after the enumerator ``(e)'';
(4) in subsection (f), by inserting ``Additional Reporting
Requirement for Certain Cost Increases.--'' after the
enumerator ``(f)''; and
(5) in subsection (g), by inserting ``Relation to Other
Law.--'' after the enumerator ``(g)''.
SEC. 2803. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT
PROJECTS FOR MILITARY INSTALLATIONS AND DEFENSE
ACCESS ROADS.
Chapter 169 of title 10, United States Code, is amended by
inserting after section 2815 the following new section:
``Sec. 2815a. Stormwater management projects for installation
and defense access road resilience and waterway and
ecosystems conservation
``(a) Projects Authorized.--The Secretary concerned may
carry out a stormwater management project on or related to a
military installation for the purpose of--
``(1) improving military installation resilience or the
resilience of a defense access road or other essential
civilian infrastructure supporting the military installation;
and
``(2) protecting nearby waterways and stormwater-stressed
ecosystems.
``(b) Project Methods and Funding Sources.--Using such
amounts as may be provided in advance in appropriation Acts,
the Secretary concerned may carry out a stormwater management
project under this section as, or as part of, any of the
following:
``(1) An authorized military construction project.
``(2) An unspecified minor military construction project
under section 2805 of this title, including using
appropriations available for operation and maintenance
subject to the limitation in subsection (c) of such section.
``(3) A military installation resilience project under
section 2815 of this title, including the use of
appropriations available for operations and maintenance
subject to the limitation of subsection (e)(3) of such
section.
``(4) A defense community infrastructure resilience project
under section 2391(d) of this title.
``(5) A construction project under section 2914 of this
title.
``(6) A reserve component facility project under section
18233 of this title.
``(7) A defense access road project under section 210 of
title 23.
``(c) Project Priorities.--In selecting stormwater
management projects to be carried out under this section, the
Secretary concerned shall give a priority to project
proposals involving the retrofitting of buildings and grounds
on a military installation or retrofitting a defense access
road to reduce stormwater runoff and ponding or standing
water that includes the combination of stormwater runoff and
water levels resulting from extreme weather conditions.
``(d) Project Activities.--Activities carried out as part
of a stormwater management project under this section may
include, but are not limited to, the following:
``(1) The installation, expansion, or refurbishment of
stormwater ponds and other water-slowing and retention
measures.
``(2) The installation of permeable pavement in lieu of, or
to replace existing, nonpermeable pavement.
``(3) The use of planters, tree boxes, cisterns, and rain
gardens to reduce stormwater runoff.
``(e) Project Coordination.--In the case of a stormwater
management project carried out under this section on or
related to a military installation and any project related to
the same installation carried out under section 2391(d),
2815, or 2914 of this title, the Secretary concerned shall
ensure coordination between the projects regarding the water
access, management, conservation, security, and resilience
aspects of the projects.
``(f) Annual Report.--(1) Not later than 90 days after the
end of each fiscal year, each Secretary concerned shall
submit to the congressional defense committees a report
describing--
``(A) the status of planned and active stormwater
management projects carried out by that Secretary under this
section; and
``(B) all projects completed by the Secretary concerned
during the previous fiscal year.
``(2) Each report shall include the following information
with respect to each stormwater management project described
in the report:
``(A) The title, location, a brief description of the scope
of work, the original project cost estimate, and the current
working cost estimate.
``(B) The rationale for how the project will--
``(i) improve military installation resilience or the
resilience of a defense access road or other essential
civilian infrastructure supporting a military installation;
and
``(ii) protect waterways and stormwater-stressed
ecosystems.
``(C) Such other information as the Secretary concerned
considers appropriate.
``(g) Definitions.--In this section:
``(1) The term `defense access road' means a road certified
to the Secretary of Transportation as important to the
national defense under the provisions of section 210 of title
23.
``(2) The terms `facility' and `State' have the meanings
given those terms in section 18232 of this title.
``(3) The term `military installation' includes a facility
of a reserve component owned by a State rather than the
United States.
``(4) The term `military installation resilience' has the
meaning given that term in section 101(e)(8) of this title.
``(5) The term `Secretary concerned' means--
``(A) the Secretary of a military department with respect
to military installations under the jurisdiction of that
Secretary; and
``(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a reserve
component owned by a State rather than the United States.''.
SEC. 2804. USE OF AMOUNTS AVAILABLE FOR OPERATION AND
MAINTENANCE IN CARRYING OUT MILITARY
CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE,
ENERGY SECURITY, OR ENERGY CONSERVATION.
Section 2914 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Alternative Funding Source.--(1) In addition to the
authority under section 2805(c) of this title, in carrying
out a military construction project for energy resilience,
energy security, or energy conservation under this section,
[[Page H7112]]
the Secretary concerned may use amounts available for
operation and maintenance for the military department
concerned if the Secretary concerned submits to the
congressional defense committees a notification of the
decision to carry out the project using such amounts and
includes in the notification--
``(A) the current estimate of the cost of the project;
``(B) the source of funds for the project; and
``(C) a certification that deferring the project pending
the availability of funds appropriated for or otherwise made
available for military construction would be inconsistent
with the timely assurance of energy resilience, energy
security, or energy conservation for one or more critical
national security functions.
``(2) A project carried out under this section using
amounts under paragraph (1) may be carried out only after the
end of the seven-day period beginning on the date on which a
copy of the notification described in paragraph (1) is
provided in an electronic medium pursuant to section 480 of
this title.
``(3) The maximum aggregate amount that the Secretary
concerned may obligate from amounts available to the military
department concerned for operation and maintenance in any
fiscal year for projects under the authority of this
subsection is $100,000,000.''.
SEC. 2805. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION.
(a) Further Modification of Department of Defense Form
1391.--Section 2805(a)(1) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is
amended--
(1) in subparagraph (A), by inserting ``or a 500-year
floodplain if outside a 100-year floodplain'' after ``100-
year floodplain''; and
(2) in subparagraph (B), by striking ``100-year
floodplain'' and inserting ``floodplain described in
subparagraph (A)''.
(b) Reporting Requirements.--Section 2805(a)(3) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraph (A), by inserting before the period at
the end the following: ``using hydrologic, hydraulic, and
hydrodynamic data, methods, and analysis that integrate
current and projected changes in flooding based on climate
science over the anticipated service life of the facility and
future forecasted land use changes''; and
(2) in subparagraph (D), by inserting after ``future'' the
following: ``flood risk and''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraphs (A) and (B), by striking ``buildings''
and inserting ``facilities''; and
(2) in subparagraph (C), by inserting after ``future'' the
following: ``flood risk and''.
(d) Conforming Amendment of Unified Facilities Criteria.--
(1) Amendment required.--Not later than September 1, 2022,
the Secretary of Defense shall amend the Unified Facilities
Criteria relating to military construction planning and
design to ensure that building practices and standards of the
Department of Defense incorporate the minimum flood
mitigation requirements of section 2805(a) of the Military
Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802
note), as amended by this section.
(2) Implementation of unified facilities criteria
amendments.--
(A) Implementation.--Any Department of Defense Form 1391
submitted to Congress after September 1, 2022, shall comply
with the Unified Facilities Criteria, as amended pursuant to
paragraph (1).
(B) Certification.--Not later than March 1, 2023, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate the
completion of the amendment process required by paragraph (1)
and the full incorporation of the amendments into military
construction planning and design.
SEC. 2806. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN
AREAS OUTSIDE THE UNITED STATES.
(a) Two-year Extension of Authority.--Subsection (h) of
section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as most recently amended by section 2806(a) of
the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283), is further amended--
(1) in paragraph (1), by striking ``December 31, 2021'' and
inserting ``December 31, 2023''; and
(2) paragraph (2), by striking ``fiscal year 2022'' and
inserting ``fiscal year 2024''.
(b) Continuation of Limitation on Use of Authority.--
Subsection (c)(1) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as most recently
amended by subsections (b) and (c) of section 2806 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283), is further amended--
(1) by striking subparagraphs (A) and (B);
(2) by redesignating subparagraph (C) as subparagraph (A);
and
(3) by adding at the end the following new subparagraphs:
``(B) The period beginning October 1, 2021, and ending on
the earlier of December 31, 2022, or the date of the
enactment of an Act authorizing funds for military activities
of the Department of Defense for fiscal year 2023.
``(C) The period beginning October 1, 2022, and ending on
the earlier of December 31, 2023, or the date of the
enactment of an Act authorizing funds for military activities
of the Department of Defense for fiscal year 2024.''.
(c) Establishment of Project Monetary Limitation.--
Subsection (c) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1723) is amended by adding at the end
the following new paragraph:
``(3) The total amount of operation and maintenance funds
used for a single construction project carried out under the
authority of this section shall not exceed $15,000,000. The
Secretary of Defense may waive this limitation on a project-
by-project basis. This waiver authority may not be
delegated.''.
(d) Modification of Notice and Wait Requirement.--
Subsection (b) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1723) is amended--
(1) by striking ``10-day period'' and inserting ``14-day
period''; and
(2) by striking ``or, if earlier, the end of the 7-day
period beginning on the date on which'' and inserting ``,
including when''.
Subtitle B--Continuation of Military Housing Reforms
SEC. 2811. MODIFICATION OF CALCULATION OF MILITARY HOUSING
CONTRACTOR PAY FOR PRIVATIZED MILITARY HOUSING.
Section 606(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2871 note), as amended by section 3036 of the
Military Construction Authorization Act for Fiscal Year 2020
(division B of Public Law 116-92; 133 Stat. 1938) and section
2811(i) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283), is
further amended--
(1) in paragraph (1)(B)--
(A) by striking ``2.5 percent'' and inserting ``50
percent''; and
(B) by striking ``section 403(b)(3)(A)(i)'' and inserting
``section 403(b)(3)(A)(ii)''; and
(2) in paragraph (2)(B)--
(A) by striking ``2.5 percent'' and inserting ``50
percent''; and
(B) by striking ``section 403(b)(3)(A)(i)'' and inserting
``section 403(b)(3)(A)(ii)''.
SEC. 2812. APPLICABILITY OF WINDOW FALL PREVENTION
REQUIREMENTS TO ALL MILITARY FAMILY HOUSING
WHETHER PRIVATIZED OR GOVERNMENT-OWNED AND
GOVERNMENT-CONTROLLED.
(a) Transfer of Window Fall Prevention Section to Military
Family Housing Administration Subchapter.--Section 2879 of
title 10, United States Code--
(1) is transferred to appear after section 2856 of such
title; and
(2) is redesignated as section 2857.
(b) Applicability of Section to All Military Family
Housing.--Section 2857 of title 10, United States Code, as
transferred and redesignated by subsection (a), is amended--
(1) in subsection (a)(1), by striking ``acquired or
constructed under this chapter'';
(2) in subsection (b)(1), by striking ``acquired or
constructed under this chapter''; and
(3) by adding at the end the following new subsection:
``(e) Applicability to All Military Family Housing.--This
section applies to military family housing under the
jurisdiction of the Department of Defense and military family
housing acquired or constructed under subchapter IV of this
chapter.''.
(c) Implementation Plan.--In the report required to be
submitted in 2022 pursuant to subsection (d) of section 2857
of title 10, United States Code, as transferred and
redesignated by subsection (a) and amended by subsection (b),
the Secretary of Defense shall include a plan for
implementation of the fall protection devices described in
subsection (a)(3) of such section as required by such
section.
(d) Limitation on Use of Funds Pending Submission of
Overdue Report.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for the Office of the Assistant Secretary of Defense for
Energy, Installations, and Environment, not more than 50
percent may be obligated or expended until the date on which
the Secretary of Defense certifies to the congressional
defense committees that--
(1) the independent assessment required by section 2817(b)
of the Military Construction Authorization Act of 2018
(division B of Public Law 115-91; 131 Stat. 1852) has been
initiated; and
(2) the Secretary expects the report containing the results
of the assessment to be submitted to the congressional
defense committees by February 1, 2023.
SEC. 2813. APPLICABILITY OF DISABILITY LAWS TO PRIVATIZED
MILITARY HOUSING UNITS AND CLARIFICATION OF
PROHIBITION AGAINST COLLECTION FROM TENANTS OF
AMOUNTS IN ADDITION TO RENT.
(a) Applicability of Disability Laws.--Section 2891 of
title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Applicability of Disability Laws.--For purposes of
this subchapter and subchapter IV of this chapter, housing
units shall be considered as military family housing for
purposes of application of Department of Defense policy
implementing section 804 of the Fair Housing Act (42 U.S.C.
3604) and title III of the Americans with Disabilities Act of
1990 (42 U.S.C. 12181 et seq.).''.
[[Page H7113]]
(b) Clarification of Prohibition.--
(1) Treatment of reasonable modification and accommodation
requirements.--Section 2891a(e) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(3)(A) Costs incurred to reasonably modify or upgrade a
housing unit to comply with standards addressing
discrimination against an individual with a disability
established pursuant to the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), or to meet the reasonable
modification and accommodation requirements of section 804 of
the Fair Housing Act (42 U.S.C. 3604) and in order to
facilitate occupancy of a housing unit by an individual with
a disability, may not be considered optional services under
paragraph (2)(A)(i) or another exception to the prohibition
in paragraph (1) against collection from tenants of housing
units of amounts in addition to rent.
``(B) In subparagraph (A), the term `disability' has the
meaning given that term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).''.
(2) Applicability of requirements.--Subsection (e)(3) of
section 2891a of title 10, United States Code, as added by
paragraph (1), shall apply to contracts described in
subsection (a) of such section entered into on or after the
date of the enactment of this Act.
SEC. 2814. REQUIRED INVESTMENTS IN IMPROVING MILITARY
UNACCOMPANIED HOUSING.
(a) Investments in Military Unaccompanied Housing.--Of the
total amount authorized to be appropriated by the National
Defense Authorization Act for a covered fiscal year for
Facilities Sustainment, Restoration, and Modernization
activities of a military department, the Secretary of that
military department shall reserve an amount equal to five
percent of the estimated replacement cost of the total
inventory of unaccompanied housing under the jurisdiction of
that Secretary for the purpose of carrying out projects for
the improvement of military unaccompanied housing.
(b) Definitions.--In this section:
(1) The term ``military unaccompanied housing'' means
military housing intended to be occupied by members of the
Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) The term ``replacement cost'', with respect to military
unaccompanied housing, means the amount that would be
required to replace the remaining service potential of that
military unaccompanied housing.
(c) Duration of Investment Requirement.--The requirement in
subsection (a) shall apply for fiscal years 2022 through
2026.
SEC. 2815. IMPROVEMENT OF SECURITY OF LODGING AND LIVING
SPACES ON MILITARY INSTALLATIONS.
(a) Assessment.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
conduct an assessment of all on-base dormitories and barracks
at military installations for purposes of identifying--
(1) locking mechanisms on points of entry into the main
facility, including doors and windows, or interior doors
leading into private sleeping areas that require replacing or
repairing;
(2) areas, such as exterior sidewalks, entry points, and
other public areas where closed-circuit television security
cameras should be installed; and
(3) other passive security measures, such as additional
lighting, that may be necessary to prevent crime, including
sexual assault.
(b) Emergency Repairs.--The Secretary of Defense shall make
any necessary repairs of broken locks or other safety
mechanisms discovered during the assessment conducted under
subsection (a) not later than 30 days after discovering the
issue.
(c) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the results of the assessment conducted under subsection (a).
(2) Elements.--The report under paragraph (1) shall
include--
(A) a cost estimate to make any improvements recommended
pursuant to the assessment under subsection (a),
disaggregated by military department and installation; and
(B) an estimated schedule for making such improvements.
SEC. 2816. IMPROVEMENT OF DEPARTMENT OF DEFENSE CHILD
DEVELOPMENT CENTERS AND INCREASED AVAILABILITY
OF CHILD CARE FOR CHILDREN OF MILITARY
PERSONNEL.
(a) Safety Inspection of Child Development Centers.--Not
later than one year after the date of the enactment of this
Act, each Secretary of a military department shall complete
an inspection of all facilities under the jurisdiction of
that Secretary used as a child development center to identify
any unresolved safety issues, including lead, asbestos, and
mold, that adversely impact the facilities.
(b) Briefing on Results of Safety Inspections and
Remediation Plans.--
(1) Briefing required.--Not later than March 1, 2022, each
Secretary of a military department shall brief the Committees
on Armed Services of the Senate and the House of
Representatives regarding the results of the safety
inspections conducted of child development centers under the
jurisdiction of that Secretary.
(2) Required elements of briefing.--In the briefing
required by paragraph (1), the Secretary of a military
department shall provide the following:
(A) A list of any child development centers under the
jurisdiction of that Secretary considered to be in poor or
failing condition. In the case of each child development
center included on this list, the Secretary shall provide a
remediation plan for the child development center, which
shall include the following elements:
(i) An estimate of the funding required to complete the
remediation plan.
(ii) The Secretary's funding strategy to complete the
remediation plan.
(iii) Any additional statutory authorities the Secretary
needs to complete the remediation plan
(B) A list of life-threatening and non-life-threatening
violations during the previous three years recorded at child
development centers under the jurisdiction of that Secretary
that are not included on the list required by subparagraph
(A), which shall include the name of the installation where
the violation occurred and date of inspection.
(C) A list of what that Secretary considers a life-
threatening and non-life-threatening violation, including
with regard to the presence of lead, asbestos, and mold.
(D) A list of how often the 90-day remediation requirement
has been waived and the name of each child development center
under the jurisdiction of that Secretary at which a waiver
was granted.
(E) Data on child development center closures under the
jurisdiction of that Secretary due to a non-life-threatening
violation not remedied within 90 days.
(F) An additional plan to conduct preventive maintenance on
other child development centers under the jurisdiction of
that Secretary to prevent additional child development
centers from degrading to poor or failing condition.
(c) Partnerships Encouraged for Child Care for Children of
Military Personnel.--Beginning one year after the date of the
enactment of this Act, and pursuant to such regulations as
the Secretary of Defense may prescribe, each Secretary of a
military department is encouraged to enter into agreements
with public and private entities to provide child care to the
children of personnel (including members of the Armed Forces
and civilian employees of the Department of Defense) under
the jurisdiction of that Secretary.
(d) Annual Status Updates.--Not later than 18 months after
the date of the enactment of this Act, and every 12 months
thereafter, each Secretary of a military department shall
brief the Committees on Armed Services of the Senate and the
House of Representatives on the progress made by that
Secretary--
(1) in implementing the child development center
remediation plans required by subsection (b)(2)(A) for child
development centers under the jurisdiction of that Secretary
considered to be in ``poor'' or ``failing'' condition,
including details about projects planned, funded, under
construction, and completed under the plans;
(2) in conducting preventive maintenance on other child
development centers under the jurisdiction of that Secretary
pursuant to the preventive maintenance plan required by
subsection (b)(2)(F); and
(3) in entering into partnerships encouraged by subsection
(c), including with regard to each partnership--
(A) the terms of the agreement, including cost to the
United States;
(B) the number of children described in such subparagraph
projected to receive child care under the partnership; and
(C) if applicable, the actual number of such children who
received child care under the partnership during the previous
year.
(e) Child Development Center Defined.--In this section, the
term ``child development center'' has the meaning given that
term in section 2871(2) of title 10, United States Code, and
includes facilities identified as a child care center or day
care center.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. SECRETARY OF THE NAVY AUTHORITY TO SUPPORT
DEVELOPMENT AND OPERATION OF NATIONAL MUSEUM OF
THE UNITED STATES NAVY.
Chapter 861 of title 10, United States Code, is amended by
inserting after section 8616 the following new section:
``Sec. 8617. National Museum of the United States Navy
``(a) Authority to Support Development and Operation of
Museum.--(1) The Secretary of the Navy may select and enter
into a contract, cooperative agreement, or other agreement
with one or more eligible nonprofit organizations to support
the development, design, construction, renovation, or
operation of a multipurpose museum to serve as the National
Museum of the United States Navy.
``(2) The Secretary may--
``(A) authorize a partner organization to contract for each
phase of development, design, construction, renovation, or
operation of the museum, or all such phases; or
``(B) authorize acceptance of funds from a partner
organization for each or all such phases.
``(b) Purposes of Museum.--(1) The museum shall be used for
the identification, curation, storage, and public viewing of
artifacts and artwork of significance to the Navy, as agreed
to by the Secretary of the Navy.
``(2) The museum also may be used to support such
education, training, research, and associated activities as
the Secretary considers compatible with and in support of the
museum and the mission of the Naval History and Heritage
Command.
``(c) Acceptance Upon Completion.--Upon the satisfactory
completion, as determined by the Secretary of the Navy, of
any phase of the museum, and upon the satisfaction of any
financial obligations incident thereto, the Secretary shall
accept such phase of the museum from the partner
organization, and all right, title, and interest in and to
such phase of the museum shall vest in the United States.
Upon
[[Page H7114]]
becoming the property of the United States, the Secretary
shall assume administrative jurisdiction over such phase of
the museum.
``(d) Lease Authority.--(1) The Secretary of the Navy may
lease portions of the museum to an eligible nonprofit
organization for use in generating revenue for the support of
activities of the museum and for such administrative purposes
as may be necessary for support of the museum. Such a lease
may not include any part of the collection of the museum.
``(2) Any rent received by the Secretary under a lease
under paragraph (1), including rent-in-kind, shall be used
solely to cover or defray the costs of development,
maintenance, or operation of the museum.
``(e) Authority to Accept Gifts.--(1) The Secretary of the
Navy may accept, hold, administer, and spend any gift,
devise, or bequest of real property, personal property, or
money made on the condition that the gift, devise, or bequest
be used for the benefit, or in connection with, the
establishment, operation, or maintenance, of the museum.
Section 2601 (other than subsections (b), (c), and (e)) of
this title shall apply to gifts accepted under this
subsection.
``(2) The Secretary may display at the museum recognition
for an individual or organization that contributes money to a
partner organization, or an individual or organization that
contributes a gift directly to the Navy, for the benefit of
the museum, whether or not the contribution is subject to the
condition that the recognition be provided. The Secretary
shall prescribe regulations governing the circumstances under
which contributor recognition may be provided, appropriate
forms of recognition, and suitable display standards.
``(3) The Secretary may authorize the sale of donated
property received under paragraph (1). A sale under this
paragraph need not be conducted in accordance with disposal
requirements that would otherwise apply, so long as the sale
is conducted at arms-length and includes an auditable
transaction record.
``(4) Any money received under paragraph (1) and any
proceeds from the sale of property under paragraph (3) shall
be deposited into a fund established in the Treasury to
support the museum.
``(f) Additional Terms and Conditions.--The Secretary of
the Navy may require such additional terms and conditions in
connection with a contract, cooperative agreement, or other
agreement under subsection (a) or a lease under subsection
(d) as the Secretary considers appropriate to protect the
interests of the United States.
``(g) Use of Navy Indicators.--(1) In a contract,
cooperative agreement, or other agreement under subsection
(a) or a lease under subsection (d), the Secretary of the
Navy may authorize, consistent with section 2260 (other than
subsection (d)) of this title, a partner organization to
enter into licensing, marketing, and sponsorship agreements
relating to Navy indicators, including the manufacture and
sale of merchandise for sale by the museum, subject to the
approval of the Department of the Navy.
``(2) No such licensing, marketing, or sponsorship
agreement may be entered into if it would reflect unfavorably
on the ability of the Department of the Navy, any of its
employees, or any member of the armed forces to carry out any
responsibility or duty in a fair and objective manner, or if
the Secretary determines that the use of the Navy indicator
would compromise the integrity or appearance of integrity of
any program of the Department of the Navy.
``(h) Definitions.--In this section:
``(1) The term `eligible nonprofit organization' means an
entity that--
``(A) qualifies as an exempt organization under section
501(c)(3) of the Internal Revenue Code of 1986; and
``(B) has as its primary purpose the preservation and
promotion of the history and heritage of the Navy.
``(2) The term `museum' means the National Museum of the
United States Navy, including its facilities and grounds.
``(3) The term `Navy indicator' includes trademarks and
service marks, names, identities, abbreviations, official
insignia, seals, emblems, and acronyms of the Navy and Marine
Corps, including underlying units, and specifically includes
the term `National Museum of the United States Navy'.
``(4) The term `partner organization' means an eligible
nonprofit organization with whom the Secretary of the Navy
enters into a contract, cooperative agreement, or other
agreement under subsection (a) or a lease under subsection
(d).''.
SEC. 2822. EXPANSION OF SECRETARY OF THE NAVY AUTHORITY TO
LEASE AND LICENSE UNITED STATES NAVY MUSEUM
FACILITIES TO GENERATE REVENUE TO SUPPORT
MUSEUM ADMINISTRATION AND OPERATIONS.
(a) Inclusion of Additional United States Navy Museums.--
Section 2852 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3530) is amended--
(1) in subsection (a)--
(A) by striking the text preceding paragraph (1) and
inserting ``The Secretary of the Navy may lease or license
any portion of the facilities of a United States Navy museum
to a foundation established to support that museum for the
purpose of permitting the foundation to carry out the
following activities:''; and
(B) in paragraphs (1) and (2), by striking ``the United
States Navy Museum'' and inserting ``that United States Navy
museum'';
(2) in subsection (b), by striking ``the United States Navy
Museum'' and inserting ``the United States Navy museum of
which the facility is a part'';
(3) in subsection (c), by striking ``the Naval Historical
Foundation'' and inserting ``a foundation described in
subsection (a)''; and
(4) in subsection (d)--
(A) by striking ``the United States Navy Museum'' and
inserting ``the applicable United States Navy museum''; and
(B) by striking ``the Museum'' and inserting ``that
museum''.
(b) United States Navy Museum Defined.--Section 2852 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3530) is amended
by adding at the end the following new subsection:
``(f) United States Navy Museum.--In this section, the term
`United States Navy museum' means a museum under the
jurisdiction of the Secretary of Defense and operated through
the Naval History and Heritage Command.''.
(c) Conforming Clerical Amendment.--The heading of section
2852 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3530) is amended by striking ``at washington, navy yard,
district of columbia''.
Subtitle D--Military Facilities Master Plan Requirements
SEC. 2831. COOPERATION WITH STATE AND LOCAL GOVERNMENTS IN
DEVELOPMENT OF MASTER PLANS FOR MAJOR MILITARY
INSTALLATIONS.
Section 2864(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) The commander of a major military installation
shall develop and update the master plan for that major
military installation in consultation with representatives of
the government of the State in which the installation is
located and representatives of local governments in the
vicinity of the installation to improve cooperation and
consistency between the Department of Defense and such
governments in addressing each component of the master plan
described in paragraph (1).
``(B) The consultation required by subparagraph (A) is in
addition to the consultation specifically required by
subsection (b)(1) in connection with the transportation
component of the master plan for a major military
installation.''.
SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING
MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.
(a) Consideration of Military Installation Resilience.--
Section 2864(a)(2)(E) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``and military installation resilience''.
(b) Coordination Efforts Related to Military Installation
Resilience Component.--Section 2864(c) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Extent of current coordination efforts and plans for
additional coordination, as of the time of the development of
the plan, with public or private entities for the purpose of
maintaining or enhancing military installation resilience or
resilience of the community infrastructure and resources
described in paragraph (5).''.
(c) Cross Reference to Definition of Military Installation
Resilience.--Section 2864(f) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(6) The term `military installation resilience' has the
meaning given that term in section 101(e) of this title.''.
SEC. 2833. PROMPT COMPLETION OF MILITARY INSTALLATION
RESILIENCE COMPONENT OF MASTER PLANS FOR AT-
RISK MAJOR MILITARY INSTALLATIONS.
(a) Identification of At-Risk Installations.--Not later
than 30 days after the date of the enactment of this Act,
each Secretary of a military department shall--
(1) identify at least two major military installations
under the jurisdiction of that Secretary that the Secretary
considers at risk from extreme weather events; and
(2) notify the Committees on Armed Services of the Senate
and the House of Representatives of the major military
installations identified under paragraph (1).
(b) Completion Deadline.--Not later than one year after the
date of the enactment of this Act, each Secretary of a
military department shall ensure that the military
installation resilience component of the master plan for each
major military installation identified by the Secretary under
subsection (a) is completed.
(c) Briefings.--Not later than 60 days after completion of
a master plan component as required by subsection (b) for a
major military installation, the Secretary of the military
department concerned shall brief the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the master plan efforts for that
major military installation.
(d) Definitions.--In this section:
(1) The term ``major military installation'' has the
meaning given that term in section 2864(f) of title 10,
United States Code.
(2) The term ``master plan'' means the master plan required
by section 2864(a) of title 10, United States Code, for a
major military installation.
SEC. 2834. MASTER PLANS AND INVESTMENT STRATEGIES FOR ARMY
AMMUNITION PLANTS GUIDING FUTURE
INFRASTRUCTURE, FACILITY, AND PRODUCTION
EQUIPMENT IMPROVEMENTS.
(a) Submission of Master Plans and Investment Strategies.--
Not later than March 31, 2022, the Secretary of the Army
shall submit to the congressional defense committees a report
containing the following:
(1) The master plan for each of the ammunition organic
industrial base production facilities
[[Page H7115]]
under the jurisdiction of the Secretary of the Army (in this
section referred to as an ``ammunition production facility'')
that was developed to guide planning and budgeting for future
infrastructure construction, facility improvements, and
production equipment needs at the ammunition production
facility.
(2) An investment strategy to address the facility, major
equipment, and infrastructure requirements at each ammunition
production facility in order to support the readiness and
material availability goals of current and future weapons
systems of the Department of Defense.
(b) Elements of Master Plan.--To satisfy the requirements
of subsection (a)(1), the master plan for an ammunition
production facility must incorporate the results of a review
of industrial processes, logistics streams, and workload
distribution required to support production objectives and
the facility requirements to support optimized processes and
include the following specific elements:
(1) A description of all infrastructure construction and
facility improvements planned or being considered for the
ammunition production facility and production equipment
planned or being considered for installation, modernization,
or replacement.
(2) An explanation of how the master plan for the
ammunition production facility will promote efficient,
effective, resilient, secure, and cost-effective production
of ammunition and ammunition components for the Armed Forces.
(3) A description of how development of the master plan for
the ammunition production facility included input from the
contractor operating the ammunition production facility and
how implementation of that master plan will be coordinated
with the contractor.
(4) A review of current and projected workload requirements
for the manufacturing of energetic materials, including
propellants, explosives, pyrotechnics, and the ingredients
for propellants, explosives, and pyrotechnics, to assess
efficiencies in the use of existing facilities, including
consideration of new weapons characteristics and
requirements, obsolescence of facilities, siting of
facilities and equipment, and various constrained process
flows.
(5) An analysis of life-cycle costs to repair and modernize
existing mission-essential facilities versus the cost to
consolidate functions into modern, right-sized facilities at
each location to meet current and programmed future mission
requirements.
(6) A review of the progress made in prioritizing and
funding projects that facilitate process efficiencies and
consolidate and contribute to availability cost and schedule
reductions.
(7) An accounting of the backlog of restoration and
modernization projects at the ammunition production facility.
(c) Elements of Investment Strategy.--To satisfy the
requirements of subsection (a)(2), the investment strategy
for an ammunition production facility must include the
following specific elements:
(1) A description of the funding sources for such
infrastructure construction, facility improvements, and
production equipment, including authorized military
construction projects, appropriations available for operation
and maintenance, and appropriations available for procurement
of Army ammunition in order to support the readiness and
material availability goals of current and future weapons
systems of the Department of Defense.
(2) A timeline to complete the investment strategy.
(3) A list of projects and a brief scope of work for each
such project.
(4) Cost estimates necessary to complete projects for
mission essential facilities.
(d) Annual Updates.--Not later than March 31, 2023, and
each March 31 thereafter through March 31, 2026, the
Secretary of the Army shall submit to the congressional
defense committees a report containing the following:
(1) A description of any revisions made during the previous
year to master plans and investment strategies submitted
under subsection (a).
(2) A description of any revisions to be made or being
considered to the master plans and investment strategies.
(3) An explanation of the reasons for each revision,
whether made, to be made, or being considered.
(4) A description of the progress made in improving
infrastructure, facility, and production equipment at each
ammunition production facility consistent with the master
plans and investment strategies.
(e) Delegation Authority.--The Secretary of the Army shall
carry out this section acting through the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
SEC. 2841. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO
REQUIRE INCLUSION OF PRIVATE NURSING AND
LACTATION SPACE IN CERTAIN MILITARY
CONSTRUCTION PROJECTS.
(a) Amendment Required.--The Secretary of Defense shall
amend UFC 1-4.2 (Nursing and Lactation Rooms) of the Unified
Facilities Criteria/DoD Building Code (UFC 1-200-01) to
require that military construction planning and design for
buildings likely to be regularly frequented by nursing
mothers who are members of the uniformed services, civilian
employees of the Department of Defense, contractor personnel,
or visitors include a private nursing and lactation room or
other private space suitable for that purpose.
(b) Deadline.--The Secretary of Defense shall complete the
amendment process required by subsection (a) and implement
the amended UFC 1-4.2 not later than one year after the date
of the enactment of this Act.
SEC. 2842. REVISIONS TO UNIFIED FACILITIES CRITERIA REGARDING
USE OF VARIABLE REFRIGERANT FLOW SYSTEMS.
(a) Publication and Comment Period Requirements.--The Under
Secretary of Defense for Acquisition and Sustainment shall
publish any proposed revisions to the Unified Facilities
Criteria regarding the use of variable refrigerant flow
systems in the Federal Register and shall specify a comment
period of at least 60 days.
(b) Notice and Justification Requirements.--The Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a written
notice and justification for any proposed revisions to the
Unified Facilities Criteria regarding the use of variable
refrigerant flow systems not later than 30 days after the
date of publication in the Federal Register.
SEC. 2843. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO
PROMOTE ENERGY EFFICIENT MILITARY
INSTALLATIONS.
(a) Unified Facilities Criteria Amendment Required.--To the
extent practicable, the Secretary of Defense shall amend the
Unified Facilities Criteria relating to military construction
planning and design to ensure that building practices and
standards of the Department of Defense incorporate the latest
consensus-based codes and standards for energy efficiency and
conservation, including the 2021 International Energy
Conservation Code and the ASHRAE Standard 90.1-2019.
(b) Implementation of Amendment.--The Secretary of Defense
shall complete the amendment process required by subsection
(a) in a timely manner so that any Department of Defense Form
1391 submitted to Congress in connection with the budget
submission for fiscal year 2024 and thereafter complies with
the Unified Facilities Criteria, as amended pursuant to such
subsection.
(c) Reporting Requirement.--Not later than February 1,
2024, the Secretary of Defense shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a report--
(1) describing the extent to which the Unified Facilities
Criteria, as amended pursuant to subsection (a), incorporate
the latest consensus-based codes and standards for energy
efficiency and conservation, including the 2021 International
Energy Conservation Code and the ASHRAE Standard 90.1-2019,
as required by such subsection; and
(2) in the case of any instance in which the Unified
Facilities Criteria continues to deviate from such consensus-
based codes and standards for energy efficiency and
conservation, identifying the deviation and explaining the
reasons for the deviation.
SEC. 2844. ADDITIONAL DEPARTMENT OF DEFENSE ACTIVITIES TO
IMPROVE ENERGY RESILIENCY OF MILITARY
INSTALLATIONS.
(a) Consideration of Including Energy Microgrid in Military
Construction Projects.--
(1) Amendment of unified facilities criteria required.--The
Secretary of Defense shall amend the Unified Facilities
Criteria/DoD Building Code (UFC 1-200-01) to require that
planning and design for military construction projects inside
the United States include consideration of the feasibility
and cost-effectiveness of installing an energy microgrid as
part of the project, including intentional islanding
capability of at least seven consecutive days, for the
purpose of--
(A) promoting on-installation energy security and energy
resilience; and
(B) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title
10, United States Code, as added and amended by section 2825
of the Military Construction Authorization Act for Fiscal
Year 2021 (division B of Public Law 116-283).
(2) Deadline.--The Secretary of Defense shall complete the
amendment process required by paragraph (1) and implement the
amendment not later than September 1, 2022.
(b) Contracts for Emergency Access to Existing On-
installation Renewable Energy Sources.--In the case of a
covered renewable energy generating source located on a
military installation pursuant to a lease of non-excess
defense property under section 2667 of title 10, United
States Code, the Secretary of the military department
concerned is encouraged to negotiate with the owner and
operator of the renewable energy generating source to revise
the lease contract to permit the military installation to
access the renewable energy generating source during an
emergency. The negotiations shall include consideration of
the ease of modifying the renewable energy generating source
to include an islanding capability, the necessity of
additional infrastructure to tie the renewable energy
generating source into the installation energy grid, and the
cost of such modifications and infrastructure.
(c) Definitions.--In this section:
(1) The term ``covered renewable energy generating source''
means a renewable energy generating source that, on the date
of the enactment of this Act--
(A) is located on a military installation inside the United
States; but
(B) cannot be used as a direct source of resilient energy
for the installation in the event of a power disruption.
(2) The term ``islanding capability'' refers to the ability
to remove an energy system, such as a microgrid, from the
local utility grid and to operate the energy system, at least
temporarily, as an integrated, stand-alone system, during an
emergency involving the loss of external electric power
supply.
(3) The term ``microgrid'' means an integrated energy
system consisting of interconnected loads and energy
resources with an islanding capability to permit functioning
separate from the local utility grid.
[[Page H7116]]
Subtitle F--Land Conveyances
SEC. 2851. MODIFICATION OF RESTRICTIONS ON USE OF FORMER NAVY
PROPERTY CONVEYED TO UNIVERSITY OF CALIFORNIA,
SAN DIEGO, CALIFORNIA.
(a) Modification of Original Use Restriction.--Section 3(a)
of Public Law 87-662 (76 Stat. 546) is amended by inserting
after ``educational purposes'' the following: ``, which may
include technology innovation and entrepreneurship programs
and establishment of innovation incubators''.
(b) Execution.--If necessary to effectuate the amendment
made by subsection (a), the Secretary of the Navy shall
execute and file in the appropriate office an amended deed or
other appropriate instrument reflecting the modification of
restrictions on the use of former Camp Matthews conveyed to
the regents of the University of California pursuant to
Public Law 87-662.
SEC. 2852. LAND CONVEYANCE, JOINT BASE CAPE COD, BOURNE,
MASSACHUSETTS.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to the Commonwealth of Massachusetts (in this
section referred to as the ``Commonwealth'') all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon and related
easements, consisting of approximately 10 acres located on
Joint Base Cape Cod, Bourne, Massachusetts.
(b) Conditions of Conveyance.--The conveyance under
subsection (a) shall be subject to valid existing rights and
the Commonwealth shall accept the real property, and any
improvements thereon, in its condition at the time of the
conveyance (commonly known as a conveyance ``as is'').
(c) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the Commonwealth shall pay
to the United States an amount equal to the fair market value
of the right, title, and interest conveyed under subsection
(a) based on an appraisal approved by the Secretary.
(2) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the
special account in the Treasury established under subsection
(b) of section 572 of title 40, United States Code, and shall
be available in accordance with paragraph (5)(B) of such
subsection.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Commonwealth to cover all costs (except costs for
environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for
environmental documentation, and any other administrative
costs related to the conveyance. If amounts are collected
from the Commonwealth in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the Commonwealth.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance or, if the
period of availability for obligations for that appropriation
has expired, to an appropriate fund or account currently
available to the Secretary for the same purpose. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Air Force.
(f) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2853. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI.
(a) Conveyance Authorized.--At such time as the Missouri
Air National Guard vacates their existing location on the
southern end of the airfield at Rosecrans Memorial Airport in
Saint Joseph, Missouri, as determined by the Secretary of the
Air Force, the Secretary may convey to the City of Saint
Joseph, Missouri (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 54 acres at
the Rosecrans Air National Guard Base in Saint Joseph,
Missouri, for the purpose of removing the property from the
boundaries of the Rosecrans Air National Guard Base and
accommodating the operations and maintenance needs of the
Rosecrans Memorial Airport as well as the development of the
parcels and buildings for economic purposes.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to valid existing rights and
the City shall accept the real property (and any improvements
thereon) in its condition at the time of the conveyance
(commonly known as a conveyance ``as is'').
(c) Consideration.--
(1) Requirement.--As consideration for the conveyance of
the property under subsection (a), the City shall provide the
United States an amount that is equivalent to the fair market
value of the right, title, and interest conveyed under
subsection (a) based on an appraisal approved by the
Secretary of the Air Force.
(2) Types of consideration.--
(A) In general.--Except as provided in subparagraph (B),
the consideration required to be provided under paragraph (1)
may be provided by land exchange, in-kind consideration
described in subparagraph (D), or a combination thereof.
(B) Less than fair market value.--If the value of the land
exchange or in-kind consideration provided under subparagraph
(A) is less than the fair market value of the property
interest to be conveyed under subsection (a), the City shall
pay to the United States an amount equal to the difference
between the fair market value of the property interest and
the value of the consideration provided under subparagraph
(A).
(C) Cash consideration.--Any cash consideration received by
the United States under this subsection shall be deposited in
the special account in the Treasury established under section
572(b)(5) of title 40, United States Code, and available in
accordance with the provisions of subparagraph (B)(ii) of
such section.
(D) In-kind consideration.--In-kind consideration described
in this subparagraph may include the construction, provision,
improvement, alteration, protection, maintenance, repair, or
restoration (including environmental restoration), or a
combination thereof, of any facilities or infrastructure
relating to the needs of the Missouri Air National Guard at
Rosecrans Air National Guard Base that the Secretary
considers appropriate.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force may
require the City to cover all costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and any other administrative
costs related to the conveyance. If amounts paid by the City
to the Secretary in advance exceed the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Air Force.
(f) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2854. LAND CONVEYANCE, DEPARTMENT OF DEFENSE EXCESS
PROPERTY, ST. LOUIS, MISSOURI.
(a) Conveyance to Land Clearance for Redevelopment
Authority of the City of St. Louis.--
(1) Conveyance authorized.--The Secretary of the Air Force
may convey to the Land Clearance for Redevelopment Authority
of the City of St. Louis (in this section referred to as the
``Authority'') all right, title, and interest of the United
States in and to a parcel of real property, including all
improvements thereon, consisting of approximately 24 acres
located at 3200 S. 2nd Street, St. Louis, Missouri, for
purpose of permitting the Authority to redevelop the
property.
(2) Limitation.--The Secretary may convey to the Authority
only that portion of the parcel of real property described in
paragraph (1) that is declared excess to the needs of the
Department of Defense.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the Authority shall pay to
the Secretary of the Air Force an amount that is not less
than the fair market value of the property conveyed, as
determined by the Secretary, whether by cash payment, in-kind
consideration as described under paragraph (2), or a
combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the Authority under this subsection may include the
acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any facilities or
infrastructure, or delivery of services relating to the needs
that the Secretary considers acceptable.
(c) Terms of Conveyance.--
(1) Instrument of conveyance; acceptance.--The conveyance
under subsection (a) shall be subject to valid existing
rights and shall be accomplished using a quitclaim deed or
other legal instrument.
(2) Conditions.--
(A) In general.--Subject to paragraph (3), the Authority
shall accept the real property conveyed under subsection (a),
and any improvements thereon, in its condition at the time of
the conveyance (commonly known as a conveyance ``as is'').
(B) Environmental conditions.--The conveyance under
subsection (a) may include conditions, restrictions, or
covenants related the environmental condition of the conveyed
property, which shall not adversely interfere with the use of
existing structures and the development of the property for
commercial or industrial uses.
(C) Historical property conditions.--The conveyance under
subsection (a) may include conditions, restrictions, or
covenants to ensure
[[Page H7117]]
preservation of historic property, notwithstanding the effect
such conditions, restrictions, or covenants may have on reuse
of the property.
(3) Conduct of remediation.--
(A) In general.--The Secretary of the Air Force shall
conduct all remediation at the real property conveyed under
subsection (a) pursuant to approved activities under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the
Defense Environmental Restoration Program under section 2701
of title 10, United States Code.
(B) Completion of remediation.--The Secretary shall
complete all remediation at the parcel of land conveyed under
subsection (a) in accordance with the requirements selected
in the Record of Decision, Scott Air Force Base Environmental
Restoration Program Site SS018, National Imagery and Mapping
Agency, Second Street, dated August 2019.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Authority to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including costs related to environmental and
real estate due diligence, and any other administrative costs
related to the conveyance. If amounts are collected in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the Authority.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance or, if the
period of availability for obligations for that appropriation
has expired, to the fund or account currently available to
the Secretary for the same purpose. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(e) Relation to Other Laws.--
(1) Historic preservation.--The conveyance under subsection
(a) shall be carried out in compliance with division A of
subtitle III of title 54, United States Code (formerly known
as the National Historic Preservation Act).
(2) Rule of construction.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(f) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary of the Air Force.
(g) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2855. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY
POINT, NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the City of Havelock, North Carolina (in this
section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 30 acres, known as the former Fort Macon
Housing Area, located within the City limits.
(b) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed to the City, the
Secretary of the Navy may lease the property to the City for
20 years.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a) and interim lease under subsection (b), the
City shall pay to the Secretary of the Navy an amount that is
not less than the fair market value of the property conveyed,
as determined by the Secretary, whether by cash payment, in-
kind consideration as described under paragraph (2), or a
combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the City under this subsection may include the
acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any facilities or
infrastructure, or delivery of services relating to the needs
of Marine Corps Air Station Cherry Point, North Carolina,
that the Secretary considers acceptable.
(3) Disposition of amounts.--
(A) Conveyance.--Amounts received by the Secretary in
exchange for the fee title of the real property described in
subsection (a) shall be deposited in the special account in
the Treasury established under section 572(b)(5) of title 40,
United States Code, and shall be available in accordance with
subparagraph (B)(ii) of such section.
(B) Interim lease.--Amounts received by the Secretary for
the interim lease of the real property described in
subsection (a) shall be deposited in the special account in
the Treasury established for the Secretary under subsection
(e) of section 2667 of title 10, United States Code, and
shall be available for use in accordance with paragraph
(1)(D) of such subsection.
(d) Payment of Costs of Conveyance.--
(1) In general.--The Secretary of the Navy shall require
the City to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a)
and interim lease under subsection (b), including costs for
environmental and real estate due diligence and any other
administrative costs related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected
from the City under paragraph (1) in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance under subsection (a) and interim lease under
subsection (b), the Secretary shall refund the excess amount
to the City.
(e) Condition of Conveyance.--Conveyance of real property
shall be subject to all existing easements, restrictions, and
covenants of record and conditioned upon the following:
(1) Real property shall be used for municipal park and
recreational purposes, which may include ancillary uses such
as vending and restrooms.
(2) The City shall not use Federal funds to cover any
portion of the amounts required by subsections (c) and (d) to
be paid by the City.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(g) Exclusion of Requirements for Prior Screening by
General Services Administration for Additional Federal Use.--
Section 2696(b) of title 10, United States Code, does not
apply to the conveyance of real property authorized under
subsection (a).
(h) Additional Terms.--The Secretary of the Navy may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2856. LAND CONVEYANCE, NAVAL AIR STATION OCEANA,
VIRGINIA BEACH, VIRGINIA, TO CITY OF VIRGINIA
BEACH, VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Navy may convey to
the City of Virginia Beach, Virginia (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to a parcel of real property
located at 4200 C Avenue, Virginia Beach, Virginia, including
any improvements thereon, consisting of approximately 8
acres.
(2) Authority to void land use restrictions.--The Secretary
may void any land use restrictions associated with the
property to be conveyed under paragraph (1).
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a)(1), the City shall pay to the Secretary of the
Navy an amount that is not less than the fair market value of
the property conveyed, as determined by the Secretary,
whether by cash payment, in-kind consideration as described
in paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the City under this subsection may include the
acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any facilities or
infrastructure, or delivery of services relating to the needs
of Naval Air Station Oceana, Virginia, that the Secretary
considers acceptable.
(3) Disposition of funds.--Cash received in exchange for
the fee title of the property conveyed under subsection
(a)(1) shall be deposited in the special account in the
Treasury established under subparagraph (A) of section
572(b)(5) of title 40, United States Code, and shall be
available for use in accordance with subparagraph (B)(ii) of
such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require the City to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a)(1), including costs related to environmental
and real estate due diligence, and any other administrative
costs related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected
under paragraph (1) in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance under subsection (a)(1), the Secretary shall
refund the excess amount to the City.
(3) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance under subsection
(a)(1). Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under subsection (a)(1) shall be determined by a survey
satisfactory to the Secretary of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsection (a)(1) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2857. LAND CONVEYANCE, NAVAL AIR STATION OCEANA,
VIRGINIA BEACH, VIRGINIA, TO SCHOOL BOARD OF
CITY OF VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Navy may convey to
the School Board of the City of Virginia Beach, Virginia (in
this section referred to as ``VBCPS'') all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements
[[Page H7118]]
thereon, consisting of approximately 2.77 acres at Naval Air
Station Oceana, Virginia Beach, Virginia, located at 121 West
Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS
to use the property for educational purposes.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph
(1) shall be subject to any easement, restriction, or
covenant of record applicable to the property and in
existence on the date of the enactment of this Act.
(b) Consideration.--
(1) Consideration required; amount.--As consideration for
the conveyance under subsection (a), VBCPS shall pay to the
Secretary of the Navy an amount that is not less than the
fair market value of the property to be conveyed, as
determined by the Secretary. The Secretary's determination of
fair market value shall be final of the property to be
conveyed.
(2) Form of consideration.--The consideration required by
paragraph (1) may be in the form of a cash payment, in-kind
consideration as described in paragraph (3), or a combination
thereof, as acceptable to the Secretary. Cash consideration
shall be deposited in the special account in the Treasury
established under section 572 of title 40, United States
Code, and the entire amount deposited shall be available for
use in accordance with subsection (b)(5)(ii) of such section.
(3) In-kind consideration.--The Secretary may accept as in-
kind consideration under this subsection the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure, or
the delivery of services, relating to the needs of Naval Air
Station Oceana.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require VBCPS to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including costs related to environmental and real estate due
diligence, and any other administrative costs related to the
conveyance. If amounts are collected in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to VBCPS.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance or, if the
period of availability for obligations for that appropriation
has expired, to the fund or account currently available to
the Secretary for the same purpose. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(d) Limitation on Source of Funds.--VBCPS may not use
Federal funds to cover any portion of the costs required by
subsections (b) and (c) to be paid by VBCPS.
(e) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary of the Navy.
(f) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
Subtitle G--Authorized Pilot Programs
SEC. 2861. PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE
BUILDING MATERIALS IN MILITARY CONSTRUCTION.
(a) Pilot Program Required.--Each Secretary of a military
department shall conduct a pilot program to evaluate the
effect that the use of sustainable building materials as the
primary construction material in military construction may
have on the environmental sustainability, infrastructure
resilience, cost effectiveness, and construction timeliness
of military construction.
(b) Project Selection and Locations.--
(1) Minimum number of projects.--Each Secretary of a
military department shall carry out at least one military
construction project under the pilot program.
(2) Project locations.--The pilot program shall be
conducted at military installations in the continental United
States--
(A) that are identified as vulnerable to extreme weather
events; and--
(B) for which a military construction project is authorized
but a request for proposal has not been released.
(c) Inclusion of Military Unaccompanied Housing Project.--
The Secretaries of the military departments shall coordinate
the selection of military construction projects to be carried
out under the pilot program so that at least one of the
military construction projects involves construction of
military unaccompanied housing.
(d) Duration of Program.--The authority of the Secretary of
a military department to carry out a military construction
project under the pilot program shall expire on September 30,
2024. Any construction commenced under the pilot program
before the expiration date may continue to completion.
(e) Reporting Requirement.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter through December 31, 2024, the Secretaries of the
military departments shall submit to the congressional
defense committees a report on the progress of the pilot
program.
(2) Report elements.--The report shall include the
following:
(A) A description of the status of the military
construction projects selected to be conducted under the
pilot program.
(B) An explanation of the reasons why those military
construction projects were selected.
(C) An analysis of the following:
(i) The projected or actual carbon footprint over the full
life cycle of the various sustainable building materials
evaluated in the pilot program.
(ii) The life cycle costs of the various sustainable
building materials evaluated in the pilot program.
(iii) The resilience to extreme weather events of the
various sustainable building materials evaluated in the pilot
program.
(iv) Any impact on construction timeliness of using the
various sustainable building materials evaluated in the pilot
program.
(v) The cost effectiveness of the military construction
projects conducted under the pilot program using sustainable
building materials as compared to other materials
historically used in military construction.
(D) Any updated guidance the Under Secretary of Defense for
Acquisition and Sustainment has released in relation to the
procurement policy for future military construction projects
based on comparable benefits realized from use of sustainable
building materials, including guidance on prioritizing
sustainable materials in establishing evaluation criteria for
military construction project contracts when technically
feasible.
(f) Sustainable Building Materials Defined.--In this
section, the term ``sustainable building material'' means any
building material the use of which will reduce carbon
emissions over the life cycle of the building. The term
includes mass timber, concrete, and other carbon-reducing
materials.
SEC. 2862. PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR
REIMBURSEMENT FOR USE OF TESTING FACILITIES AT
INSTALLATIONS OF THE DEPARTMENT OF THE AIR
FORCE.
(a) Pilot Program Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Air Force shall establish a pilot program to authorize
installations of the Department of the Air Force to establish
a reimbursable account for the purpose of being reimbursed
for the use of testing facilities on such installation.
(b) Installations Selected.--The Secretary of the Air Force
shall select not more than two installations of the
Department of the Air Force to participate in the pilot
program from among any such installations that are part of
the Air Force Flight Test Center construct and are currently
funded for Facility, Sustainment, Restoration, and
Modernization (FSRM) through the Research, Development, Test,
and Evaluation account of the Department of the Air Force.
(c) Oversight of Funds.--
(1) Installation commander.--The commander of an
installation selected for the pilot program shall have direct
oversight over 50 percent of the funds allocated to the
installation for Facility, Sustainment, Restoration, and
Modernization.
(2) Air force civil engineer center commander.--The
Commander of the Air Force Civil Engineer Center shall have
direct oversight over the remaining 50 percent of Facility,
Sustainment, Restoration, and Modernization funds allocated
to an installation selected for the pilot program.
(d) Briefing and Report.--
(1) Briefing.--Not later than 30 days after establishing
the pilot program, the Secretary of the Air Force shall brief
the congressional defense committees on the pilot program.
(2) Annual report.--Not later than one year after
establishing the pilot program under subsection (a), and
annually thereafter through the year following termination of
the pilot program, the Secretary of the Air Force shall
submit to the congressional defense committees a report on
the pilot program.
(e) Termination.--The pilot program shall terminate on
December 1, 2026.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
SEC. 2871. IMPROVED OVERSIGHT OF CERTAIN INFRASTRUCTURE
SERVICES PROVIDED BY NAVAL FACILITIES
ENGINEERING SYSTEMS COMMAND PACIFIC.
The Secretary of the Navy shall designate an administrative
position within the Naval Facilities Engineering Systems
Command Pacific for the purpose of improving the continuity
of management and oversight of real property and
infrastructure assets in the Pacific Area of Responsibility
related to the training needs of the Armed Forces,
particularly regarding leased property for which the lease
will expire within 10 years after the date of the enactment
of this Act.
SEC. 2872. ANNUAL CONGRESSIONAL BRIEFING ON RENEWAL OF
DEPARTMENT OF DEFENSE EASEMENTS AND LEASES OF
LAND IN HAWAI`I.
(a) Annual Briefing Required.--Not later than February 1 of
each year, the Secretary of Defense shall brief the
congressional defense committee on the progress being made by
the Department of Defense to renew each Department of Defense
land lease and easement in the State of Hawai`i that--
(1) encompasses one acre or more; and
(2) will expire within 10 years after the date of the
briefing.
(b) Required Elements of Briefing.--Each briefing provided
under subsection (a) shall include the following:
(1) The location, size, and expiration date of each lease
and easement described in such subsection.
[[Page H7119]]
(2) Major milestones and expected timelines for maintaining
access to the land covered by such lease and easement.
(3) Actions completed over the preceding two years for such
lease and easement.
(4) Department-wide and service-specific authorities
governing the extension of such lease and easement.
(5) A summary of coordination efforts between the Secretary
of Defense and the Secretaries of the military departments.
(6) The status of efforts to develop an inventory of
military land in Hawai`i, including current and possible
future uses of the land, that would assist in land
negotiations with the State of Hawai`i.
(7) The risks and potential solutions to ensure the
renewability of required and critical leases and easements.
SEC. 2873. HAWAI`I MILITARY LAND USE MASTER PLAN.
(a) Update of Master Plan Required.--Not later than
December 31, 2025, the Commander of the United States Indo-
Pacific Command shall update the Hawai`i Military Land Use
Master Plan, which was first produced by the Department of
Defense in 1995 and last updated in 2021.
(b) Elements.--In updating the Hawai`i Military Land Use
Master Plan as required by subsection (a), the Commander of
the United States Indo-Pacific Command shall consider,
address, and include the following:
(1) The priorities of each individual Armed Force and joint
priorities within the State of Hawai`i.
(2) The historical background of Armed Forces and
Department of Defense use of lands in Hawai`i and the
cultural significance of the historical land holdings.
(3) A summary of all leases and easements held by the
Department of Defense.
(4) An overview of Army, Navy, Marine Corps, Air Force,
Space Force, Coast Guard, Hawai`i National Guard, and Hawai`i
Air National Guard assets in the State, including the
following for each asset:
(A) The location and size of facilities.
(B) Any tenet commands.
(C) Training lands.
(D) Purpose of the asset.
(E) Priorities for the asset for the next five years,
including any planned divestitures and expansions.
(5) A summary of encroachment planning efforts.
(6) A summary of efforts to synchronize the inter-service
use of training lands and ranges.
(c) Cooperation.--The Commander of the United States Indo-
Pacific Command shall update the Hawai`i Military Land Use
Master Plan under this section in conjunction with the Deputy
Assistant Secretary of Defense for Real Property.
(d) Submission of Updated Plan.--Not later than 30 days
after the date of the completion of the update to the Hawai`i
Military Land Use Master Plan required by subsection (a), the
Commander of the United States Indo-Pacific Command shall
submit the updated master plan to the Committees on Armed
Services of the Senate and the House of Representatives.
Subtitle I--One-Time Reports and Other Matters
SEC. 2881. CLARIFICATION OF INSTALLATION AND MAINTENANCE
REQUIREMENTS REGARDING FIRE EXTINGUISHERS IN
DEPARTMENT OF DEFENSE FACILITIES.
Section 2861 of the Military Construction Authorization Act
for Fiscal Year 2020 (division B of Public Law 116-92; 10
U.S.C. 113 note; 133 Stat. 1899) is amended by striking
``requirements of national model fire codes developed by the
National Fire Protection Association and the International
Code Council'' and inserting ``NFPA 1, Fire Code of the
National Fire Protection Association and applicable
requirements of the international building code and
international fire code of the International Code Council''.
SEC. 2882. GAO REVIEW AND REPORT OF MILITARY CONSTRUCTION
CONTRACTING AT MILITARY INSTALLATIONS INSIDE
THE UNITED STATES.
(a) Review Required.--The Comptroller General of the United
States shall perform a review to assess the contracting
approaches authorized pursuant to section 2802 of title 10,
United States Code, used to maintain and upgrade military
installations inside the United States.
(b) Elements of Review.--In conducting the review required
by subsection (a), the Comptroller General should consider,
to the extent practicable, such issues as the following:
(1) The extent to which the Department of Defense uses
competitive procedures when awarding contracts to contractors
to maintain or upgrade military installations inside the
United States.
(2) The number of contractors awarded such a contract that
are considered a small business, and the percentage that
these contracts comprise of all such contracts.
(3) The extent to which the primary business location of
each contractor awarded such a contract is located within 60
miles of the military installation where the contract is to
be performed.
(4) The extent to which contractors awarded such a contract
in turn use subcontractors and suppliers whose primary
business location is located within 60 miles of the military
installation where the contract is to be performed.
(5) The extent to which the source selection procedures
used by the responsible contracting organization considers
whether offerors are small businesses or are businesses that
are located within 60 miles of the military installation
where the contract is to be performed.
(6) Any other matters the Comptroller General determines
relevant to the review.
(c) Report Required.--Not later than March 31, 2023, 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 required by
subsection (a).
(d) Small Business Defined.--In this section, the term
``small business'' means a contractor that is a small-
business concern as such term is defined under section 3 of
the Small Business Act (15 U.S.C. 632).
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, and Limitations
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Improvements to cost estimates informing analyses of
alternatives.
Sec. 3113. University-based defense nuclear policy collaboration
program.
Sec. 3114. Defense environmental cleanup programs.
Sec. 3115. Modification of requirements for certain construction
projects.
Sec. 3116. Updates to infrastructure modernization initiative.
Sec. 3117. Extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at
vulnerable sites worldwide.
Sec. 3119. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Portfolio management framework for National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modifications to certain reporting requirements.
Sec. 3132. Modification to terminology for reports on financial
balances for atomic energy defense activities.
Sec. 3133. Improvements to annual reports on condition of the United
States nuclear weapons stockpile.
Sec. 3134. Report on plant-directed research and development.
Sec. 3135. Reports on risks to and gaps in industrial base for nuclear
weapons components, subsystems, and materials.
Sec. 3136. Transfer of building located at 4170 Allium Court,
Springfield, Ohio.
Sec. 3137. Comprehensive strategy for treating, storing, and disposing
of defense nuclear waste resulting from stockpile
maintenance and modernization activities.
Sec. 3138. Acquisition of high-performance computing capabilities by
National Nuclear Security Administration.
Sec. 3139. Study on the W80-4 nuclear warhead life extension program.
Sec. 3140. Study on Runit Dome and related hazards.
Sec. 3141. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2022 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 22-D-513, Power Sources Capability, Sandia National
Laboratories, Albuquerque, New Mexico, $13,827,000.
Project 22-D-514, Digital Infrastructure Capability
Expansion, Lawrence Livermore National Laboratory, Livermore,
California, $8,000,000.
Project 22-D-531, KL Chemistry and Radiological Health
Building, Knolls Atomic Power Laboratory, Schenectady, New
York, $41,620,000.
Project 22-D-532, KL Security Upgrades, Knolls Atomic Power
Laboratory, Schenectady, New York, $5,100,000.
Shipping & Receiving (Exterior), Los Alamos National
Laboratory, Los Alamos, New Mexico, $9,700,000.
TCAP Restoration Column A, Savannah River Site, Aiken,
South Carolina, $4,700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2022
[[Page H7120]]
for defense environmental cleanup activities in carrying out
programs as specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 22-D-401, 400 Area Fire Station, Hanford Site,
Richland, Washington, $15,200,000.
Project 22-D-402, 200 Area Water Treatment Facility,
Hanford Site, Richland, Washington, $12,800,000.
Project 22-D-403, Idaho Spent Nuclear Fuel Staging
Facility, Idaho National Laboratory, Idaho Falls, Idaho,
$3,000,000.
Project 22-D-404, Additional ICDF Landfill Disposal Cell
and Evaporation Ponds Project, Idaho National Laboratory,
Idaho Falls, Idaho, $5,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2022 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2022 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Certifications.--Section 4219 of the Atomic Energy
Defense Act (50 U.S.C. 2538a) is amended by adding at the end
the following new subsections:
``(d) Certifications on Plutonium Enterprise.--
``(1) Requirement.--Not later than 30 days after the date
on which a covered project achieves a critical decision
milestone, the Assistant Secretary for Environmental
Management and the Deputy Administrator for Defense Programs
shall jointly certify to the congressional defense committees
that the operations, infrastructure, and workforce of such
project are adequate to carry out the delivery and disposal
of planned waste shipments relating to the plutonium
enterprise, as outlined in the critical decision memoranda of
the Department of Energy with respect to such project.
``(2) Failure to certify.--If the Assistant Secretary for
Environmental Management and the Deputy Administrator for
Defense Programs fail to make a certification under paragraph
(1) by the date specified in such paragraph with respect to a
covered project achieving a critical decision milestone, the
Assistant Secretary and the Deputy Administrator shall
jointly submit to the congressional defense committees, by
not later than 30 days after such date, a plan to ensure that
the operations, infrastructure, and workforce of such project
will be adequate to carry out the delivery and disposal of
planned waste shipments described in such paragraph.
``(e) Reports.--
``(1) Requirement.--Not later than March 1 of each year
during the period beginning on the date on which the first
covered project achieves critical decision 2 in the
acquisition process and ending on the date on which the
second project achieves critical decision 4 and begins
operations, the Administrator for Nuclear Security shall
submit to the congressional defense committees a report on
the planned production goals of both covered projects during
the first 10 years of the operation of the projects.
``(2) Elements.--Each report under paragraph (1) shall
include--
``(A) the number of war reserve plutonium pits planned to
be produced during each year, including the associated
warhead type;
``(B) a description of risks and challenges to meeting the
performance baseline for the covered projects, as approved in
critical decision 2 in the acquisition process;
``(C) options available to the Administrator to balance
scope, costs, and production requirements at the projects to
decrease overall risk to the plutonium enterprise and
enduring plutonium pit requirements; and
``(D) an explanation of any changes to the production goals
or requirements as compared to the report submitted during
the previous year.
``(f) Covered Project Defined.--In this subsection, the
term `covered project' means--
``(1) the Savannah River Plutonium Processing Facility,
Savannah River Site, Aiken, South Carolina (Project 21-D-
511); or
``(2) the Plutonium Pit Production Project, Los Alamos
National Laboratory, Los Alamos, New Mexico (Project 21-D-
512).''.
(b) Briefing.--Not later than May 1, 2022, the
Administrator for Nuclear Security and the Director for Cost
Estimating and Program Evaluation shall jointly provide to
the congressional defense committees a briefing on the
ability of the National Nuclear Security Administration to
carry out the plutonium enterprise of the Administration,
including with respect to the adequacy of the program
management staff of the Administration to execute covered
projects (as defined in subsection (f) of section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a), as amended by
subsection (a)).
SEC. 3112. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES
OF ALTERNATIVES.
(a) In General.--Subtitle A of title XLVII of the Atomic
Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by
adding at the end the following new section:
``SEC. 4718. IMPROVEMENTS TO COST ESTIMATES INFORMING
ANALYSES OF ALTERNATIVES.
``(a) Requirement for Analyses of Alternatives.--The
Administrator shall ensure that any cost estimate used in an
analysis of alternatives for a project carried out using
funds authorized by a DOE national security authorization is
designed to fully satisfy the requirements outlined in the
mission needs statement approved at critical decision 0 in
the acquisition process, as set forth in Department of Energy
Order 413.3B (relating to program management and project
management for the acquisition of capital assets) or a
successor order.
``(b) Use of Project Engineering and Design Funds.--In the
case of a project the total estimated cost of which exceeds
$500,000,000 and that has not reached critical decision 1 in
the acquisition process, the Administrator may use funds
authorized by a DOE national security authorization for
project engineering and design to begin the development of a
conceptual design to facilitate the development of a cost
estimate for the project during the analysis of alternatives
for the project if--
``(1) the Administrator--
``(A) determines that such use of funds would improve the
quality of the cost estimate for the project; and
``(B) notifies the congressional defense committees of that
determination; and
``(2) a period of 15 days has elapsed after the date on
which such committees receive the notification.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4717 the following new item:
``Sec. 4718. Improvements to cost estimates informing analyses of
alternatives.''.
SEC. 3113. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY
COLLABORATION PROGRAM.
Title XLVIII of the Atomic Energy Defense Act (50 U.S.C.
2781 et seq.) is amended by adding at the end the following
new section (and conforming the table of contents
accordingly):
``SEC. 4853. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY
COLLABORATION PROGRAM.
``(a) Program.--The Administrator shall carry out a program
under which the Administrator establishes a policy research
consortium of institutions of higher education and nonprofit
entities in support of implementing and innovating the
defense nuclear policy programs of the Administration. The
Administrator shall establish and carry out such program in a
manner similar to the program established under section 4814.
``(b) Purposes.--The purposes of the consortium under
subsection (a) are as follows:
``(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding
defense nuclear policy programs.
``(2) To maintain open-source databases on issues relevant
to understanding defense nuclear nonproliferation, arms
control, nuclear deterrence, foreign nuclear programs, and
nuclear security.
``(3) To facilitate the collaboration of research centers
of excellence relating to defense nuclear policy to better
distribute expertise to specific issues and scenarios
regarding such threats.
``(c) Duties.--
``(1) Support.--The Administrator shall ensure that the
consortium established under subsection (a) provides support
to individuals described in paragraph (2) through the use of
nongovernmental fellowships, scholarships, research
internships, workshops, short courses, summer schools, and
research grants.
``(2) Individuals described.--The individuals described in
this paragraph are graduate students, academics, and policy
specialists, who are focused on policy innovation related
to--
``(A) defense nuclear nonproliferation;
``(B) arms control;
``(C) nuclear deterrence;
``(D) the study of foreign nuclear programs;
``(E) nuclear security; or
``(F) educating and training the next generation of defense
nuclear policy experts.''.
SEC. 3114. DEFENSE ENVIRONMENTAL CLEANUP PROGRAMS.
(a) Establishment of Programs.--Subtitle A of title XLIV of
the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is
amended by inserting after section 4406 the following new
section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 4406A. OTHER PROGRAMS RELATING TO TECHNOLOGY
DEVELOPMENT.
``(a) Incremental Technology Development Program.--
``(1) Establishment.--The Secretary may establish a
program, to be known as the `Incremental Technology
Development Program', to improve the efficiency and
effectiveness of the defense environmental cleanup processes
of the Office.
``(2) Focus.--
``(A) Improvements.--In carrying out the Incremental
Technology Development Program, the Secretary shall focus on
the continuous improvement of new or available technologies,
including--
``(i) decontamination chemicals and techniques;
``(ii) remote sensing and wireless communication to reduce
manpower and laboratory efforts;
``(iii) detection, assay, and certification
instrumentation; and
``(iv) packaging materials, methods, and shipping systems.
``(B) Other areas.--The Secretary may include in the
Incremental Technology Development Program mission-relevant
development, demonstration, and deployment activities
unrelated to the focus areas described in subparagraph (A).
``(3) Use of new and emerging technologies.--
``(A) Development and demonstration.--In carrying out the
Incremental Technology Development Program, the Secretary
shall ensure that
[[Page H7121]]
site offices of the Office conduct technology development,
demonstration, testing, permitting, and deployment of new and
emerging technologies to establish a sound technical basis
for the selection of technologies for defense environmental
cleanup or infrastructure operations.
``(B) Collaboration required.--The Secretary shall
collaborate, to the extent practicable, with the heads of
other departments and agencies of the Federal Government, the
National Laboratories, other Federal laboratories,
appropriate State regulators and agencies, and the Department
of Labor in the development, demonstration, testing,
permitting, and deployment of new technologies under the
Incremental Technology Development Program.
``(4) Agreements to carry out projects.--
``(A) Authority.--In carrying out the Incremental
Technology Development Program, the Secretary may enter into
agreements with nongovernmental entities for technology
development, demonstration, testing, permitting, and
deployment projects to improve technologies in accordance
with paragraph (2).
``(B) Selection.--The Secretary shall select projects under
subparagraph (A) through a rigorous process that involves--
``(i) transparent and open competition; and
``(ii) a review process that, if practicable, is conducted
in an independent manner consistent with Department guidance
on selecting and funding public-private partnerships.
``(C) Cost-sharing.--The Federal share of the costs of the
development, demonstration, testing, permitting, and
deployment of new technologies carried out under this
paragraph shall be not more than 70 percent.
``(D) Briefing.--Not later than 120 days before the date on
which the Secretary enters into the first agreement under
subparagraph (A), the Secretary shall provide to the
congressional defense committees a briefing on the process of
selecting and funding efforts within the Incremental
Technology Development Program, including with respect to the
plans of the Secretary to ensure a scientifically rigorous
process that minimizes potential conflicts of interest.
``(b) High-Impact Technology Development Program.--
``(1) Establishment.--The Secretary shall establish a
program, to be known as the `High-Impact Technology
Development Program', under which the Secretary shall enter
into agreements with nongovernmental entities for projects
that pursue technologies that, with respect to the mission--
``(A) holistically address difficult challenges;
``(B) hold the promise of breakthrough improvements; or
``(C) align existing or in-use technologies with difficult
challenges.
``(2) Areas of focus.--The Secretary may include as areas
of focus for a project carried out under the High-Impact
Technology Development Program the following:
``(A) Developing and demonstrating improved methods for
source and plume characterization and monitoring, with an
emphasis on--
``(i) real-time field acquisition; and
``(ii) the use of indicator species analyses with advanced
contaminant transport models to enable better understanding
of contaminant migration.
``(B) Developing and determining the limits of performance
for remediation technologies and integrated remedial systems
that prevent migration of contaminants, including by
producing associated guidance and design manuals for
technologies that could be widely used across the complex.
``(C) Demonstrating advanced monitoring approaches that use
multiple lines of evidence for monitoring long-term
performance of--
``(i) remediation systems; and
``(ii) noninvasive near-field monitoring techniques.
``(D) Developing and demonstrating methods to characterize
the physical and chemical attributes of waste that control
behavior, with an emphasis on--
``(i) rapid and nondestructive examination and assay
techniques; and
``(ii) methods to determine radio-nuclide, heavy metals,
and organic constituents.
``(E) Demonstrating the technical basis for determining
when enhanced or natural attenuation is an appropriate
approach for remediation of complex sites.
``(F) Developing and demonstrating innovative methods to
achieve real-time and, if practicable, in situ
characterization data for tank waste and process streams that
could be useful for all phases of the waste management
program, including improving the accuracy and
representativeness of characterization data for residual
waste in tanks and ancillary equipment.
``(G) Adapting existing waste treatment technologies or
demonstrating new waste treatment technologies at the pilot
plant scale using real wastes or realistic surrogates--
``(i) to address engineering adaptations;
``(ii) to ensure compliance with waste treatment standards
and other applicable requirements under Federal and State law
and any existing agreements or consent decrees to which the
Department is a party; and
``(iii) to enable successful deployment at full-scale and
in support of operations.
``(H) Developing and demonstrating rapid testing protocols
that--
``(i) are accepted by the Environmental Protection Agency,
the Nuclear Regulatory Commission, the Department, and the
scientific community;
``(ii) can be used to measure long-term waste form
performance under realistic disposal environments;
``(iii) can determine whether a stabilized waste is
suitable for disposal; and
``(iv) reduce the need for extensive, time-consuming, and
costly analyses on every batch of waste prior to disposal.
``(I) Developing and demonstrating direct stabilization
technologies to provide waste forms for disposing of
elemental mercury.
``(J) Developing and demonstrating innovative and effective
retrieval methods for removal of waste residual materials
from tanks and ancillary equipment, including mobile
retrieval equipment or methods capable of immediately
removing waste from leaking tanks, and connecting pipelines.
``(3) Project selection.--
``(A) Selection.--The Secretary shall select projects to be
carried out under the High-Impact Technology Development
Program through a rigorous process that involves--
``(i) transparent and open competition; and
``(ii) a review process that, if practicable, is conducted
in an independent manner consistent with Department guidance
on selecting and funding public-private partnerships.
``(B) Briefing.--Not later than 120 days before the date on
which the Secretary enters into the first agreement under
paragraph (1), the Secretary shall provide to the
congressional defense committees a briefing on the process of
selecting and funding efforts within the High-Impact
Technology Development Program, including with respect to the
plans of the Secretary to ensure a scientifically rigorous
process that minimizes potential conflicts of interest.
``(c) Environmental Management University Program.--
``(1) Establishment.--The Secretary shall establish a
program, to be known as the `Environmental Management
University Program', to--
``(A) engage faculty, post-doctoral fellows or researchers,
and graduate students of institutions of higher education on
subjects relating to the mission to show a clear path for
students for employment within the environmental management
enterprise;
``(B) provide institutions of higher education and the
Department access to advances in engineering and science;
``(C) clearly identify to institutions of higher education
the tools necessary to enter into the environmental
management field professionally; and
``(D) encourage current employees of the Department to
pursue advanced degrees.
``(2) Areas of focus.--The Secretary may include as areas
of focus for a grant made under the Environmental Management
University Program the following:
``(A) The atomic- and molecular-scale chemistries of waste
processing.
``(B) Contaminant immobilization in engineered and natural
systems.
``(C) Developing innovative materials, with an emphasis on
nanomaterials or biomaterials, that could enable
sequestration of challenging hazardous or radioactive
constituents such as technetium and iodine.
``(D) Elucidating and exploiting complex speciation and
reactivity far from equilibrium.
``(E) Understanding and controlling chemical and physical
processes at interfaces.
``(F) Harnessing physical and chemical processes to
revolutionize separations.
``(G) Tailoring waste forms for contaminants in harsh
chemical environments.
``(H) Predicting and understanding subsurface system
behavior and response to perturbations.
``(3) Individual research grants.--In carrying out the
Environmental Management University Program, the Secretary
may make individual research grants to faculty, post-doctoral
fellows or researchers, and graduate students of institutions
of higher education for three-year research projects, with an
option for an extension of one additional two-year period.
``(4) Grants for interdisciplinary collaborations.--In
carrying out the Environmental Management University Program,
the Secretary may make research grants for strategic
partnerships among scientists, faculty, post-doctoral fellows
or researchers, and graduate students of institutions of
higher education for three-year research projects.
``(5) Hiring of undergraduates.--In carrying out the
Environmental Management University Program, the Secretary
may establish a summer internship program for undergraduates
of institutions of higher education to work on projects
relating to environmental management.
``(6) Workshops.--In carrying out the Environmental
Management University Program, the Secretary may hold
workshops with the Office of Environmental Management, the
Office of Science, and members of academia and industry
concerning environmental management challenges and solutions.
``(d) Definitions.--In this section:
``(1) The term `complex' means all sites managed in whole
or in part by the Office.
``(2) The term `Department' means the Department of Energy.
``(3) The term `institution of higher education' has the
meaning given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
``(4) The term `mission' means the mission of the Office.
``(5) The term `National Laboratory' has the meaning given
the term in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801).
``(6) The term `Office' means the Office of Environmental
Management of the Department.
``(7) The term `Secretary' means the Secretary of Energy,
acting through the Assistant Secretary for Environmental
Management.''.
(b) Independent Assessment of Defense Environmental Cleanup
Programs.--
(1) Independent assessment.--Not later than one year after
the date of the enactment of this Act, the Chief of Engineers
of the Army shall develop and transmit to the Secretary of
Energy and the congressional defense committees an
independent assessment of the lifecycle costs and schedules
of the defense environmental cleanup programs of the Office
of Environmental Management of the Department of Energy.
[[Page H7122]]
(2) Focus of assessment.--The Chief of Engineers shall
ensure that the assessment under paragraph (1) is focused
on--
(A) identifying key remaining technical risks and
uncertainties of the defense environmental cleanup programs;
and
(B) providing recommendations to the Secretary and to the
congressional defense committees with respect to the annual
funding levels for the Incremental Technology Development
Program and the High-Impact Technology Development Program
established under section 4406A of the Atomic Energy Defense
Act, as added by subsection (a), that will ensure maximum
cost-savings over the life of the defense environmental
cleanup programs of the Office.
(3) No effect on program implementation.--Nothing in this
subsection affects the establishment, implementation, or
carrying out of any project or program under any other
provision of law, including under section 4406A of the Atomic
Energy Defense Act, as added by subsection (a), or under any
existing agreement or consent decree to which the Department
is a party, during the period in which the assessment under
paragraph (1) is carried out.
SEC. 3115. MODIFICATION OF REQUIREMENTS FOR CERTAIN
CONSTRUCTION PROJECTS.
(a) Increase in Minor Construction Threshold for Plant
Projects.--Section 4701(2) of the Atomic Energy Defense Act
(50 U.S.C. 2741(2)) is amended by striking ``$20,000,000''
and inserting ``$25,000,000''.
(b) Notification Requirement for Certain Minor Construction
Projects.--
(1) In general.--Section 4703 of the Atomic Energy Defense
Act (50 U.S.C. 2743) is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Notification Required for Certain Projects.--
Notwithstanding subsection (a), the Secretary may not start a
minor construction project with a total estimated cost of
more than $5,000,000 until--
``(1) the Secretary notifies the congressional defense
committees of such project and total estimated cost; and
``(2) a period of 15 days has elapsed after the date on
which such notification is received.''.
(2) Conforming repeal.--Section 3118(c) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 50 U.S.C. 2743 note) is repealed.
(c) Increase in Construction Design Threshold.--Section
4706(b) of the Atomic Energy Defense Act (50 U.S.C. 2746(b))
is amended by striking ``$2,000,000'' each place it appears
and inserting ``$5,000,000''.
SEC. 3116. UPDATES TO INFRASTRUCTURE MODERNIZATION
INITIATIVE.
Section 3111(b) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 50 U.S.C. 2402 note)
is amended--
(1) in paragraph (1), by striking ``reduce the deferred
maintenance and repair needs of the nuclear security
enterprise by not less than 30 percent by 2025'' and
inserting ``reduce the total deferred maintenance per
replacement plant value of the nuclear security enterprise by
not less than 45 percent by 2030'';
(2) in paragraph (2)(A)(i)(II), by striking ``$50,000,000''
and inserting ``$75,000,000'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``Initial plan''
and inserting ``Plan required''; and
(B) in the matter preceding subparagraph (A)--
(i) by striking ``2018'' and inserting ``2022''; and
(ii) by striking ``an initial plan'' and inserting ``a
plan'';
(4) in paragraph (4)--
(A) by striking ``2024'' and inserting ``2023''; and
(B) by striking ``2025'' and inserting ``2030''; and
(5) by adding at the end the following new paragraphs:
``(5) Annual reports.--Not later than March 1, 2023, and
annually thereafter through 2030, the Administrator for
Nuclear Security shall submit to the congressional defense
committees a report with respect to whether the updated plan
under paragraph (3) is being implemented in a manner adequate
to achieve the goal specified in paragraph (1).''.
SEC. 3117. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50
U.S.C. 2701(c)(1)) is amended by striking ``September 30,
2021'' and inserting ``September 30, 2026''.
SEC. 3118. EXTENSION OF AUTHORITY FOR ACCEPTANCE OF
CONTRIBUTIONS FOR ACCELERATION OF REMOVAL OR
SECURITY OF FISSILE MATERIALS, RADIOLOGICAL
MATERIALS, AND RELATED EQUIPMENT AT VULNERABLE
SITES WORLDWIDE.
(a) In General.--Section 3132 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50
U.S.C. 2569) is--
(1) transferred to title XLIII of the Atomic Energy Defense
Act (50 U.S.C. 2565 et seq.);
(2) redesignated as section 4306B;
(3) inserted after section 4306A; and
(4) amended, in subsection (f)(6), by striking ``December
31, 2023'' and inserting ``December 31, 2028''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4306A the following new item:
``Sec. 4306B. Acceleration of removal or security of fissile materials,
radiological materials, and related equipment at
vulnerable sites worldwide.''.
SEC. 3119. EXTENSION OF ENHANCED PROCUREMENT AUTHORITY TO
MANAGE SUPPLY CHAIN RISK.
Section 4806(g) of the Atomic Energy Defense Act (50 U.S.C.
2786(g)) is amended by striking ``June 30, 2023'' and
inserting ``December 31, 2028''.
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT
OR RETIRE W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
National Nuclear Security Administration may be obligated or
expended to reconvert or retire a W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may
waive the prohibition in subsection (a) if the Administrator,
in consultation with the Secretary of Defense, the Director
of National Intelligence, and the Chairman of the Joint
Chiefs of Staff, certifies in writing to the congressional
defense committees--
(1) that Russia and China do not possess naval capabilities
similar to the W76-2 warhead in the active stockpiles of the
respective country; or
(2) that the Department of Defense does not have a valid
military requirement for the W76-2 warhead.
SEC. 3121. PORTFOLIO MANAGEMENT FRAMEWORK FOR NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall--
(1) in consultation with the Nuclear Weapons Council
established under section 179 of title 10, United States
Code, develop and implement a portfolio management framework
for the nuclear security enterprise that--
(A) defines the National Nuclear Security Administration's
portfolio of nuclear weapons stockpile and infrastructure
maintenance and modernization programs;
(B) establishes a portfolio governance structure, including
portfolio-level selection criteria, prioritization criteria,
and performance metrics;
(C) outlines the approach of the National Nuclear Security
Administration to managing that portfolio; and
(D) incorporates the leading practices identified by the
Comptroller General of the United States in the report titled
``Nuclear Security Enterprise: NNSA Should Use Portfolio
Management Leading Practices to Support Modernization
Efforts'' (GAO-21-398) and dated June 2021; and
(2) complete an integrated, comprehensive assessment of the
portfolio management capabilities required to execute the
weapons activities portfolio of the National Nuclear Security
Administration.
(b) Briefing Requirement.--Not later than June 1, 2022, the
Administrator shall provide to the congressional defense
committees a briefing on--
(1) the progress of the Administrator in developing the
framework described in paragraph (1) of subsection (a) and
completing the assessment required by paragraph (2) of that
subsection; and
(2) the plans of the Administrator for implementing the
recommendations of the Comptroller General in the report
referred to in paragraph (1)(D) of that subsection.
(c) Nuclear Security Enterprise Defined.--In this section,
the term ``nuclear security enterprise'' has the meaning
given that term in section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501).
Subtitle C--Reports and Other Matters
SEC. 3131. MODIFICATIONS TO CERTAIN REPORTING REQUIREMENTS.
(a) Notification of Employee Practices Affecting National
Security.--Section 3245 of the National Nuclear Security
Administration Act (50 U.S.C. 2443) is amended by striking
subsections (a) and (b) and inserting the following new
subsections:
``(a) Annual Notification of Security Clearance
Revocations.--At or about the time that the President's
budget is submitted to Congress under section 1105(a) of
title 31, United States Code, the Administrator shall notify
the appropriate congressional committees of--
``(1) the number of covered employees whose security
clearance was revoked during the year prior to the year in
which the notification is made; and
``(2) for each employee counted under paragraph (1), the
length of time such employee has been employed at the
Administration, as the case may be, since such revocation.
``(b) Annual Notification of Terminations and Removals.--
Not later than December 31 of each year, the Administrator
shall notify the appropriate congressional committees of each
instance in which the Administrator terminated the employment
of a covered employee or removed and reassigned a covered
employee for cause during that year.''.
(b) Reports on Certain Transfers of Civil Nuclear
Technology.--Section 3136(a) of the National Defense
Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(a))
is amended--
(1) in the matter preceding paragraph (1), by striking
``Not less frequently than every 90 days,'' and inserting
``At the same time as the President submits to Congress the
annual budget request under section 1105 of title 31, United
States Code, for a fiscal year,'';
(2) in paragraph (1), by striking ``the preceding 90 days''
and inserting ``the preceding year''; and
(3) in the heading, by striking ``Report'' and inserting
``Annual Reports''.
(c) Certain Annual Reviews by Nuclear Science Advisory
Committee.--Section 3173(a)(4)(B) of the National Defense
Authorization Act for Fiscal Year 2013 (42 U.S.C.
[[Page H7123]]
2065(a)(4)(B)) is amended by striking ``annual reviews'' and
inserting ``triennial reviews''.
SEC. 3132. MODIFICATION TO TERMINOLOGY FOR REPORTS ON
FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE
ACTIVITIES.
Section 4732 of the Atomic Energy Defense Act (50 U.S.C.
2772) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``committed'' and
inserting ``encumbered'';
(B) in subparagraph (H), by striking ``uncommitted'' and
inserting ``unencumbered''; and
(C) in subparagraph (I), by striking ``uncommitted'' and
inserting ``unencumbered''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (3);
(B) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (3), respectively;
(C) in paragraph (1), as redesignated by subparagraph (B),
by striking ``by the contractor'' and inserting ``from the
contractor'';
(D) by inserting after paragraph (1), as so redesignated,
the following new paragraph (2):
``(2) Encumbered.--The term `encumbered', with respect to
funds, means the funds have been obligated to a contract and
are being held for a specific known purpose by the
contractor.'';
(E) in paragraph (3), as so redesignated, by striking ``by
the contractor'' and inserting ``from the contractor''; and
(F) by inserting after paragraph (3), as so redesignated,
the following new paragraph (4):
``(4) Unencumbered.--The term `unencumbered', with respect
to funds, means the funds have been obligated to a contract
and are not being held for a specific known purpose by the
contractor.''.
SEC. 3133. IMPROVEMENTS TO ANNUAL REPORTS ON CONDITION OF THE
UNITED STATES NUCLEAR WEAPONS STOCKPILE.
Section 4205(e)(3) of the Atomic Energy Defense Act (50
U.S.C. 2525(e)(3)) is amended--
(1) in subparagraph (A), by inserting ``, including with
respect to cyber assurance,'' after ``methods''; and
(2) in subparagraph (B), by inserting ``, and the
confidence of the head in such tools and methods'' after
``the assessments''.
SEC. 3134. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOPMENT.
Section 4812A of the Atomic Energy Defense Act (50 U.S.C.
2793) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Plant-directed Research and Development.--
``(1) In general.--The report required by subsection (a)
shall include, with respect to plant-directed research and
development, the following:
``(A) A financial accounting of expenditures for such
research and development, disaggregated by nuclear weapons
production facility.
``(B) A breakdown of the percentage of research and
development conducted by each such facility that is plant-
directed research and development.
``(C) An explanation of how each such facility plans to
increase the availability and utilization of funds for plant-
directed research and development.
``(2) Plant-directed research and development defined.--In
this subsection, the term `plant-directed research and
development' means research and development selected by the
director of a nuclear weapons production facility.''.
SEC. 3135. REPORTS ON RISKS TO AND GAPS IN INDUSTRIAL BASE
FOR NUCLEAR WEAPONS COMPONENTS, SUBSYSTEMS, AND
MATERIALS.
Section 3113 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 50 U.S.C. 2512 note) is amended by adding at the end
the following new subsection:
``(e) Reports.--The Administrator, acting through the
official designated under subsection (a), shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, contemporaneously with each briefing
required by subsection (d)(2), a report--
``(1) identifying actual or potential risks to or specific
gaps in any element of the industrial base that supports the
nuclear weapons components, subsystems, or materials of the
National Nuclear Security Administration;
``(2) describing the actions the Administration is taking
to further assess, characterize, and prioritize such risks
and gaps;
``(3) describing mitigating actions, if any, the
Administration has underway or planned to mitigate any such
risks or gaps;
``(4) setting forth the anticipated timelines and resources
needed for such mitigating actions; and
``(5) describing the nature of any coordination with or
burden sharing by other departments or agencies of the
Federal Government or the private sector to address such
risks and gaps.''.
SEC. 3136. TRANSFER OF BUILDING LOCATED AT 4170 ALLIUM COURT,
SPRINGFIELD, OHIO.
(a) In General.--The National Nuclear Security
Administration shall release all of its reversionary rights
without reimbursement to the building located at 4170 Allium
Court, Springfield, Ohio, also known as the Advanced
Technical Intelligence Center for Human Capital Development,
to the Community Improvement Corporation of Clark County and
the Chamber of Commerce.
(b) Fee Simple Interest.--The fee simple interest in the
property, on which the building described in subsection (a)
is located, shall be transferred from the Advanced Technical
Intelligence Center for Human Capital Development to the
Community Improvement Corporation of Clark County prior to or
concurrent with the release of the reversionary rights of the
National Nuclear Security Administration under subsection
(a).
SEC. 3137. COMPREHENSIVE STRATEGY FOR TREATING, STORING, AND
DISPOSING OF DEFENSE NUCLEAR WASTE RESULTING
FROM STOCKPILE MAINTENANCE AND MODERNIZATION
ACTIVITIES.
(a) In General.--Not later than one year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Administrator for Nuclear Security
shall submit to the congressional defense committees and the
Comptroller General of the United States a comprehensive
strategy for treating, storing, and disposing of defense
nuclear waste generated as a result of stockpile maintenance
and modernization activities.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) A projection of the location, type, and quantity of
defense nuclear waste the National Nuclear Security
Administration anticipates generating as a result of
stockpile maintenance and modernization activities during the
periods of five and 10 fiscal years after the submission of
the strategy, with a long-term outlook for the period of 25
fiscal years after such submission.
(2) Budgetary estimates associated with the projection
under paragraph (1) during the period of five fiscal years
after the submission of the strategy.
(3) A description of how the National Nuclear Security
Administration plans to coordinate with the Office of
Environmental Management of the Department of Energy to
treat, store, and dispose of the type and quantity of waste
projected to be generated under paragraph (1).
(4) An identification of--
(A) disposal facilities that could accept that waste;
(B) disposal facilities that could accept that waste with
modifications; and
(C) in the case of facilities described in subparagraph
(B), the modifications necessary for such facilities to
accept that waste.
(c) Follow-on Strategy.--Concurrent with the submission of
the budget of the President to Congress under section 1105(a)
of title 31, United States Code, for fiscal year 2027, the
Administrator shall submit to the congressional defense
committees a follow-on strategy to the strategy required by
subsection (a) that includes--
(1) the elements set forth in subsection (b); and
(2) any other matters that the Administrator considers
appropriate.
SEC. 3138. ACQUISITION OF HIGH-PERFORMANCE COMPUTING
CAPABILITIES BY NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Roadmap for Acquisition.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall submit to the congressional defense committees
a roadmap for the acquisition by the Administration of high-
performance computing capabilities during the 10-year period
following submission of the roadmap.
(2) Elements.--The roadmap required by paragraph (1) shall
include the following:
(A) A description of the high-performance computing
capabilities required to support the mission of the
Administration as of the date on which the roadmap is
submitted under paragraph (1).
(B) An identification of any existing or anticipated gaps
in such capabilities.
(C) A description of the high-performance computing
capabilities anticipated to be required by the Administration
during the 10-year period following submission of the
roadmap, including computational performance and other
requirements, as appropriate.
(D) A description of the strategy of the Administration for
acquiring such capabilities.
(E) An assessment of the ability of the industrial base to
support that strategy.
(F) Such other matters the Administrator considers
appropriate.
(3) Consultation and considerations.--In developing the
roadmap required by paragraph (1), the Administrator shall--
(A) consult with the Secretary of Energy; and
(B) take into consideration the findings of the review of
the future of computing beyond exascale computing conducted
by the National Academy of Sciences under section 3172 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
(b) Independent Assessment of High-performance Computing
Acquisitions.--
(1) In general.--The Administrator shall seek to enter into
an agreement with a federally funded research and development
center to assess the first acquisition of high-performance
computing capabilities by the Administration after the date
of the enactment of this Act.
(2) Elements.--The assessment required by paragraph (1) of
the acquisition of high-performance computing capabilities
described in that paragraph shall include an assessment of
the following:
(A) The mission needs of the Administration met by the
acquisition.
(B) The evidence used to support the acquisition decision,
such as an analysis of alternatives or business case
analyses.
(C) Market research performed by the Advanced Simulation
and Computing Program related to the acquisition.
(3) Report required.--
(A) In general.--Not later than 90 days after entering into
the arrangement under paragraph (1), the Administrator shall
submit to the congressional defense committees a report on
the assessment conducted under paragraph (1).
[[Page H7124]]
(B) Form of report.--The report required by subparagraph
(A) shall be submitted in unclassified form but may include a
classified annex.
SEC. 3139. STUDY ON THE W80-4 NUCLEAR WARHEAD LIFE EXTENSION
PROGRAM.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Director for Cost Estimation and
Program Evaluation shall initiate a study on the W80-4
nuclear warhead life extension program.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An explanation of any increases in actual or projected
costs of the W80-4 nuclear warhead life extension program.
(2) An analysis of projections of total program costs and
planned program schedules.
(3) An analysis of the potential impacts on other programs
as a result of additional funding required to maintain the
planned program schedule for the W80-4 nuclear warhead life
extension program, including with respect to--
(A) other life-extension programs;
(B) infrastructure programs; and
(C) research, development, test, and evaluation programs.
(4) An analysis of the impacts that a delay of the program
will have on other programs due to--
(A) technical or management challenges; and
(B) changes in requirements for the program.
(c) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional defense committees the study under subsection
(a).
(d) Form.--The study under subsection (a) shall be in
unclassified form, but may include a classified annex.
SEC. 3140. STUDY ON RUNIT DOME AND RELATED HAZARDS.
(a) Study.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Energy shall seek to
enter into an agreement with a federally funded research and
development center to conduct a study on the impacts of
climate change on the ``Runit Dome'' nuclear waste disposal
site in Enewetak Atoll, Marshall Islands, and on other
environmental hazards due to nuclear weapons testing in the
vicinity thereof. The report shall include a scientific
analysis of threats to the environment and to the residents
of Enewetak Atoll, including--
(1) the ``Runit Dome'' nuclear waste disposal site;
(2) crypts used to contain nuclear waste and other toxins
on Enewetak Atoll; and
(3) radionuclides and other toxins present in the lagoon of
Enewetak Atoll.
(b) Public Comments.--In conducting the study under
subsection (a), the federally funded research and development
center shall solicit public comments.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the
study conducted under subsection (a).
SEC. 3141. SENSE OF CONGRESS REGARDING COMPENSATION OF
INDIVIDUALS RELATING TO URANIUM MINING AND
NUCLEAR TESTING.
(a) Findings.--Congress makes the following findings:
(1) The Radiation Exposure Compensation Act (Public Law
101-426; 42 U.S.C. 2210 note) was enacted in 1990 to provide
monetary compensation to individuals who contracted certain
cancers and other serious diseases following their exposure
to radiation released during atmospheric nuclear weapons
testing during the Cold War or following exposure to
radiation as a result of employment in the uranium industry
during the Cold War.
(2) The Radiation Exposure Compensation Act expires on July
9, 2022. Unless that Act is extended, individuals who
contract certain cancers and other serious diseases because
of events described in paragraph (1) may be unable to claim
compensation for such diseases.
(b) Sense of Congress.--It is the sense of Congress that
the United States Government should continue to appropriately
compensate and recognize the individuals described in
subsection (a).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. References to Chairperson and Vice Chairperson of Defense
Nuclear Facilities Safety Board.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2022, $31,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. REFERENCES TO CHAIRPERSON AND VICE CHAIRPERSON OF
DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.) is amended--
(1) in section 311(c), in the subsection heading, by
striking ``Chairman, Vice Chairman'' and inserting
``Chairperson, Vice Chairperson''; and
(2) by striking ``Chairman'' each place it appears and
inserting ``Chairperson''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $13,650,000 for fiscal year 2022
for the purpose of carrying out activities under chapter 869
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME SECURITY
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Subtitle B--Other Matters
Sec. 3511. Effective period for issuance of documentation for
recreational vessels.
Sec. 3512. Committees on maritime matters.
Sec. 3513. Port Infrastructure Development Program.
Sec. 3514. Uses of emerging marine technologies and practices.
Sec. 3515. Prohibition on participation of long term charters in Tanker
Security Fleet.
Sec. 3516. Coastwise endorsement.
Sec. 3517. Report on efforts of combatant commands to combat threats
posed by illegal, unreported, and unregulated fishing.
Sec. 3518. Authorization to purchase duplicate medals.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2022 for
programs associated with maintaining the United States
merchant marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $90,532,000, of which--
(A) $85,032,000 shall be for Academy operations, which may
be used to hire personnel pursuant to subsection (d) and to
implement any recommendations of the Merchant Marine Academy
Advisory Council established under subsection (c); and
(B) $5,500,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,780,000, of which--
(A) $2,400,000 is for the Student Incentive Program;
(B) $6,000,000 is for direct payments;
(C) $3,800,000 is for training ship fuel assistance;
(D) $8,080,000 is for offsetting the costs of training ship
sharing; and
(E) $30,500,000 is for maintenance and repair of State
maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $315,600,000.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,853,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide for the Tanker
Security Fleet, as authorized under chapter 534 of title 46,
United States Code, $60,000,000.
(9) For expenses necessary to support maritime
environmental and technical assistance activities authorized
under section 50307 of title 46, United States Code,
$10,000,000.
(10) For expenses necessary to support marine highway
program activities authorized under chapter 556 of such
title, $11,000,000.
(11) For expenses necessary to provide assistance to small
shipyards and for the maritime training program authorized
under section 54101 of title 46, United States Code,
$40,000,000.
(12) For expenses necessary to implement the Port and
Intermodal Improvement Program, $750,000,000, to remain
available until expended, except that no such funds may be
used to provide a grant to purchase fully automated cargo
handling equipment that is remotely operated or remotely
monitored with or without the exercise of human intervention
or control, if the Secretary determines such equipment would
result in a net loss of jobs within a port of port terminal.
(b) Availability of Amounts.--The amounts authorized to be
appropriated under subsection (a) shall remain available as
follows:
(1) The amounts authorized to be appropriated under
paragraphs (1)(A), (2)(A), and (4)(A) shall remain available
until September 30, 2022.
(2) The amounts authorized to be appropriated under
paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5),
(6), (7)(A), (8), and (9) shall remain available until
expended without fiscal year limitation.
(c) United States Merchant Marine Academy Advisory Council;
Unfilled Vacancies.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 51323. United States Merchant Marine Academy Advisory
Council
``(a) Establishment.--The Secretary of Transportation shall
establish an advisory council, to be known as the `United
States Merchant Marine Academy Advisory Council' (in this
section referred to as the `Council').
[[Page H7125]]
``(b) Membership.--
``(1) In general.--The Secretary shall select not fewer
than 8 and not more than 14 individuals to serve as members
of the Council. Such individuals shall have such expertise as
the Secretary determines necessary and appropriate for
providing advice and guidance on improving the Academy.
``(2) Governmental experts.--The number of members of the
Council who are employees of the Federal Government may not
exceed the number of members of the Council who are not
employees of the Federal Government.
``(3) Employee status.--Members of the Council shall not be
considered employees of the United States Government by
reason of their membership on the Council for any purpose and
shall not receive compensation other than reimbursement of
travel expenses and per diem allowance in accordance with
section 5703 of title 5.
``(c) Responsibilities.--The Council shall provide advice
to the Secretary at the time and in the manner requested by
the Secretary.
``(d) Personally Identifiable Information.--In carrying out
its responsibilities under this subsection, the Council shall
comply with the obligations of the Department of
Transportation to protect personally identifiable
information.
``Sec. 51324. Unfilled vacancies
``(a) In General.--In the event of an unfilled vacancy for
any critical position at the United States Merchant Marine
Academy, the Secretary of Transportation may appoint, without
regard to the provisions of subchapter I of chapter 33 of
title 5, other than sections 3303 and 3328 of that title, a
qualified candidate for the purposes of filling up to 20 of
such positions.
``(b) Critical Position Defined.--In this section, the term
`critical position' means a position that contributes to the
improvement of--
``(1) the culture or infrastructure of the Academy;
``(2) student health and well being;
``(3) Academy governance; or
``(4) any other priority areas identified by the
Council.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``51323. United States Merchant Marine Academy Advisory Council.
``51324. Unfilled vacancies.''.
Subtitle B--Other Matters
SEC. 3511. EFFECTIVE PERIOD FOR ISSUANCE OF DOCUMENTATION FOR
RECREATIONAL VESSELS.
Section 12105(e)(2) of title 46, United States Code, is
amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--The owner or operator of a recreational
vessel may choose a period of effectiveness of between 1 and
5 years for a certificate of documentation for a recreational
vessel or the renewal thereof.''; and
(2) by redesignating subparagraph (C) as subparagraph (B).
SEC. 3512. COMMITTEES ON MARITIME MATTERS.
(a) In General.--
(1) Chapter 555 of title 46, United States Code, is
redesignated as chapter 504 of such title and transferred to
appear after chapter 503 of such title.
(2) Chapter 504 of such title, as redesignated by paragraph
(1), is amended in the chapter heading by striking
``MISCELLANEOUS'' and inserting ``COMMITTEES''.
(3) Sections 55501 and 55502 of such title are redesignated
as section 50401 and section 50402, respectively, of such
title and transferred to appear in chapter 504 of such title
(as redesignated by paragraph (1)).
(4) The section heading for section 50401 of such title, as
redesignated by paragraph (3), is amended to read as follows:
``united states committee on the marine transportation
system''.
(b) Conforming Amendment.--Section 8332(b)(1) of the Elijah
E. Cummings Coast Guard Authorization Act of 2020 (division G
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283))
is amended by striking ``section 55502'' and inserting
``section 50402''.
(c) Clerical Amendments.--
(1) The analysis for chapter 504 of title 46, United States
Code, as redesignated by subsection (a)(1), is amended to
read as follows:
``Chapter 504--Committees
``Sec.
``50401. United States Committee on the Marine Transportation System.
``50402. Maritime Transportation System National Advisory Committee.''.
(2) The table of chapters for subtitle V of title 46,
United States Code, is amended--
(A) by inserting after the item relating to chapter 503 the
following:
``504. Committees......................................50401''; and....
(B) by striking the item relating to chapter 555.
SEC. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.
(a) In General.--
(1) Part C of subtitle V of title 46, United States Code,
is amended by adding at the end the following:
``CHAPTER 543--PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
``Sec.
``54301. Port infrastructure development program.
``Sec. 54301. Port infrastructure development program''.
(2) Subsections (c), (d), and (e) of section 50302 of such
title are redesignated as subsections (a), (b), and (c) of
section 54301 of such title, respectively, and transferred to
appear in chapter 543 of such title (as added by paragraph
(1)).
(b) Amendments to Section 54301.--Section 54301 of such
title, as redesignated by subsection (a)(2), is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``or subsection (d)'' and
inserting ``or subsection (b)'';
(B) in paragraph (3)(A)(ii)--
(i) in subclause (II) by striking ``; or'' and inserting a
semicolon;
(ii) by striking subclause (III); and
(iii) by adding at the end the following:
``(III) operational improvements, including projects to
improve port resilience; or
``(IV) environmental and emission mitigation measures;
including projects for--
``(aa) port electrification or electrification master
planning;
``(bb) harbor craft or equipment replacements or retrofits;
``(cc) development of port or terminal microgrids;
``(dd) providing idling reduction infrastructure;
``(ee) purchase of cargo handling equipment and related
infrastructure;
``(ff) worker training to support electrification
technology;
``(gg) installation of port bunkering facilities from
oceangoing vessels for fuels;
``(hh) electric vehicle charge or hydrogen refueling
infrastructure for drayage and medium or heavy duty trucks
and locomotives that service the port and related grid
upgrades; or
``(ii) other related port activities, including charging
infrastructure, electric rubber-tired gantry cranes, and
anti-idling technologies.'';
(C) in paragraph (5)--
(i) in subparagraph (A) by striking ``or subsection (d)''
and inserting ``or subsection (b)''; and
(ii) in subparagraph (B) by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(D) in paragraph (6)(B)--
(i) in clause (i) by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iii) a port's increased resilience as a result of the
project.'';
(E) in paragraph (7)--
(i) in subparagraph (B)--
(I) by striking ``subsection (d)'' in each place it appears
and inserting ``subsection (b)''; and
(II) by striking ``18 percent'' and inserting ``25
percent'';
(ii) in subparagraph (C) by striking ``subsection
(d)(3)(A)(ii)(III)'' and inserting ``subsection
(b)(3)(A)(ii)(III)'';
(F) in paragraph (8)--
(i) in subparagraph (A) by striking ``or subsection (d)''
and inserting ``or subsection (b)''; and
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``subsection (d)'' and
inserting ``subsection (b)''; and
(II) in clause (ii) by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(G) in paragraph (9) by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(H) in paragraph (10)--
(i) in subparagraph (A), by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(ii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(iii) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) Efficient use of non-federal funds.--
``(i) In general.--Notwithstanding any other provision of
law ans subject to approval by the Secretary, in the case of
any grant for a project under this section, during the period
beginning on the date on which the grant recipient is
selected and ending on the date on which the grant agreement
is signed--
``(I) the grant recipient may obligate and expend non-
Federal funds with respect to the project for which the grant
is provided; and
``(II) any non-Federal funds obligated or expended in
accordance with subclause (I) shall be credited toward the
non-Federal cost share for the project for which the grant is
provided.
``(ii) Requirements.--
``(I) Application.--In order to obligate and expend non-
Federal funds under clause (i), the grant recipient shall
submit to the Secretary a request to obligate and expend non-
Federal funds under that clause, including--
``(aa) a description of the activities the grant recipient
intends to fund;
``(bb) a justification for advancing the activities
described in item (aa), including an assessment of the
effects to the project scope, schedule, and budget if the
request is not approved; and
``(cc) the level of risk of the activities described in
item (aa).
``(II) Approval.--The Secretary shall approve or disapprove
each request submitted under subclause (I).
``(III) Compliance with applicable requirements.--Any
obligation or expenditure of non-Federal funds under clause
(i) shall be in compliance with all applicable requirements,
including any requirements included in the grant agreement.
``(iii) Effect.--The obligation or expenditure of any non-
Federal funds in accordance with this subparagraph shall
not--
``(I) affect the signing of a grant agreement or other
applicable grant procedures with respect to the applicable
grant;
``(II) create an obligation on the part of the Federal
Government to repay any non-Federal funds if the grant
agreement is not signed; or
``(III) affect the ability of the recipient of the grant to
obligate or expend non-Federal funds
[[Page H7126]]
to meet the non-Federal cost share for the project for which
the grant is provided after the period described in clause
(i).''; and
(I) in paragraph (12)--
(i) by striking ``subsection (d)'' and inserting
``subsection (b)''; and
(ii) by adding at the end the following:
``(D) Resilience.--The term `resilience' means the ability
to anticipate, prepare for, adapt to, withstand, respond to,
and recover from operational disruptions and sustain critical
operations at ports, including disruptions caused by natural
or manmade hazards, such as sea level rise, flooding,
earthquakes, hurricanes, tsunami inundation or other extreme
weather events.'';
(2) in subsection (b)--
(A) in the subsection heading by striking ``Inland'' and
inserting ``Inland River'';
(B) in paragraph (1) by striking ``subsection (c)(7)(B)''
and inserting ``subsection (a)(7)(B)'';
(C) in paragraph (3)(A)(ii)(III) by striking ``subsection
(c)(3)(B)'' and inserting ``subsection (a)(3)(B)''; and
(D) in paragraph (5)(A) by striking ``subsection
(c)(8)(B)'' and inserting ``subsection (a)(8)(B)''; and
(3) in subsection (c)--
(A) by striking ``subsection (c) or subsection (d)'' and
inserting ``subsection (a) or subsection (b)''; and
(B) by striking ``subsection (c)(2)'' and inserting
``subsection (a)(2)''.
(c) Grants for Emission Mitigation Measures.--For fiscal
year 2022, the Secretary may make grants under section
54301(a) of title 46, United States Code, as redesignated by
subsection (a)(2) and amended by subsection (b), to provide
for emission mitigation measures that provide for the use of
shore power for vessels to which sections 3507 and 3508 of
such title apply, if such grants meet the other requirements
set out in such section 54301(a).
(d) Clerical Amendments.--The table of chapters for
subtitle V of title 46, United States Code, as amended by
this title, is further amended by inserting after the item
relating to chapter 541 the following:
``543. Port Infrastructure Development Program.............54301''.....
SEC. 3514. USES OF EMERGING MARINE TECHNOLOGIES AND
PRACTICES.
Section 50307 of title 46, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Uses.--The results of activities conducted under
subsection (b)(1) shall be used to inform--
``(1) the policy decisions of the United States related to
domestic regulations; and
``(2) the position of the United States on matters before
the International Maritime Organization.''.
SEC. 3515. PROHIBITION ON PARTICIPATION OF LONG TERM CHARTERS
IN TANKER SECURITY FLEET.
(a) Definition of Long Term Charter.--Section 53401 of
title 46, United States Code, is amended by adding at the end
the following new paragraph:
``(8) Long term charter.--The term `long term charter'
means any time charter of a product tank vessel to the United
States Government that, together with options, occurs for a
continuous period of more than 180 days.''.
(b) Participation of Long Term Charters in Tanker Security
Fleet.--Section 53404(b) of such title is amended--
(1) by striking ``The program participant of a'' and
inserting ``Any'';
(2) by inserting ``long term'' before ``charter'';
(3) by inserting ``not'' before ``eligible''; and
(4) by striking ``receive payments pursuant to any
operating agreement that covers such vessel'' and inserting
``participate in the Fleet''.
SEC. 3516. COASTWISE ENDORSEMENT.
Notwithstanding section 12112 of title 46, United States
Code, the Secretary of the department in which the Coast
Guard is operating may issue a certificate of documentation
with a coastwise endorsement for the vessel WIDGEON (United
States official number 1299656).
SEC. 3517. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COMBAT
THREATS POSED BY ILLEGAL, UNREPORTED, AND
UNREGULATED FISHING.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Navy,
in consultation with the Director of the Office of Naval
Research, the co-chairs of the collaborative interagency
working group on maritime security and IUU fishing
established under section 3551 of the Maritime Security and
Fisheries Enforcement Act (16 U.S.C. 8031), and the heads of
other relevant agencies, as determined by the Secretary,
shall submit to the appropriate congressional committees a
report on the combatant commands' maritime domain awareness
efforts to combat the threats posed by illegal, unreported,
and unregulated fishing.
(b) Contents of Report.--The report required by subsection
(a) shall include a detailed summary of each of the following
for each combatant command:
(1) The activities undertaken to date to combat the threats
posed by illegal, unreported, and unregulated fishing in the
geographic area of the combatant command, including the steps
taken to build partner capacity to combat such threats.
(2) Coordination with the Armed Forces of the United
States, partner nations, and public-private partnerships to
combat such threats.
(3) Efforts undertaken to support unclassified data
integration, analysis, and delivery with regional partners to
combat such threats.
(4) Information sharing and coordination with efforts of
the collaborative interagency working group on maritime
security and IUU fishing established under section 3551 of
the Maritime Security and Fisheries Enforcement Act (16
U.S.C. 8031).
(5) Best practices and lessons learned from existing and
previous efforts relating to such threats, including
strategies for coordination and success in public-private
partnerships.
(6) Limitations related to affordability, resource
constraints, or other gaps or factors that affect the success
or expansion of efforts related to such threats.
(7) Any new authorities needed to support efforts to combat
such threats.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Natural Resources, the Committee on Transportation and
Infrastructure, the Committee on Foreign Affairs, and the
Committee on Appropriations of the House of Representatives.
SEC. 3518. AUTHORIZATION TO PURCHASE DUPLICATE MEDALS.
(a) In General.--The Secretary of Transportation, acting
through the Administrator of the Maritime Administration, may
use funds appropriated for the fiscal year in which the date
of the enactment of this Act occurs, or funds appropriated
for any prior fiscal year, for the Maritime Administration to
purchase duplicate medals authorized under the Merchant
Mariners of World War II Congressional Gold Medal Act of 2020
(Public Law 116-125) and provide such medals to eligible
individuals who engaged in qualified service who submit an
application under subsection (b) and were United States
merchant mariners of World War II.
(b) Application.--To be eligible to receive a medal
described in subsection (a), an eligible individual who
engaged in qualified service shall submit to the
Administrator an application containing such information and
assurances as the Administrator may require.
(c) Eligible Individual Who Engaged in Qualified Service.--
In this section, the term ``eligible individual who engaged
in qualified service'' means an individual who, between
December 7, 1941, and December 31, 1946--
(1) was a member of the United States merchant marine,
including the Army Transport Service and the Navy Transport
Service, serving as a crewmember of a vessel that was--
(A) operated by the War Shipping Administration, the Office
of Defense Transportation, or an agent of such departments;
(B) operated in waters other than inland waters, the Great
Lakes, and other lakes, bays, or harbors of the United
States;
(C) under contract or charter to, or property of, the
Government of the United States; and
(D) serving in the Armed Forces; and
(2) while so serving, was licensed or otherwise documented
for service as a crewmember of such a vessel by an officer or
employee of the United States authorized to license or
document the person for such service.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--
(1) In general.--A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(A) except as provided in paragraph (2), be based on merit-
based selection procedures in accordance with the
requirements of sections 2304(k) and 2374 of title 10, United
States Code, or on competitive procedures; and
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a
decision to commit, obligate, or expend funds on the basis of
a dollar amount authorized pursuant to subsection (a) if the
project, program, or activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding through the
inclusion of the abbreviation ``CPF'' immediately before the
name of the project, program, or activity.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds
between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
[[Page H7127]]
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 20,000
Program increase-- [20,000]
fixed wing avionics
upgrade.
004 SMALL UNMANNED 16,005 16,005
AIRCRAFT SYSTEM.
ROTARY
007 AH-64 APACHE BLOCK 504,136 494,136
IIIA REMAN.
Unit cost growth..... [-10,000]
008 AH-64 APACHE BLOCK 192,230 192,230
IIIA REMAN.
010 UH-60 BLACKHAWK M 630,263 841,763
MODEL (MYP).
UH-60 Black Hawk for [211,500]
Army Guard.
011 UH-60 BLACKHAWK M 146,068 146,068
MODEL (MYP).
012 UH-60 BLACK HAWK L 166,205 166,205
AND V MODELS.
013 CH-47 HELICOPTER..... 145,218 397,218
Army UFR--Support [252,000]
minimum sustainment
rate.
014 CH-47 HELICOPTER AP.. 18,559 47,559
Program increase--F [29,000]
Block II.
MODIFICATION OF
AIRCRAFT
017 GRAY EAGLE MODS2..... 3,143 33,143
Program increase-- [30,000]
recapitalization of
legacy MQ-1C to
extended range MDO
configuration.
018 MULTI SENSOR ABN 127,665 122,910
RECON.
Unjustified cost-- [-4,755]
spares.
019 AH-64 MODS........... 118,560 118,560
020 CH-47 CARGO 9,918 11,918
HELICOPTER MODS
(MYP).
Program increase-- [2,000]
improved vibration
control.
021 GRCS SEMA MODS....... 2,762 2,762
022 ARL SEMA MODS........ 9,437 9,437
023 EMARSS SEMA MODS..... 1,568 1,568
024 UTILITY/CARGO 8,530 8,530
AIRPLANE MODS.
025 UTILITY HELICOPTER 15,826 40,826
MODS.
UH-72 modernization.. [25,000]
026 NETWORK AND MISSION 29,206 29,206
PLAN.
027 COMMS, NAV 58,117 58,117
SURVEILLANCE.
029 AVIATION ASSURED PNT. 47,028 45,862
Excess to need....... [-1,166]
030 GATM ROLLUP.......... 16,776 16,776
032 UAS MODS............. 3,840 3,840
GROUND SUPPORT
AVIONICS
033 AIRCRAFT 64,561 64,561
SURVIVABILITY
EQUIPMENT.
034 SURVIVABILITY CM..... 5,104 5,104
035 CMWS................. 148,570 148,570
036 COMMON INFRARED 240,412 238,012
COUNTERMEASURES
(CIRCM).
Training support cost [-2,400]
growth.
OTHER SUPPORT
038 COMMON GROUND 13,561 13,561
EQUIPMENT.
039 AIRCREW INTEGRATED 41,425 41,425
SYSTEMS.
040 AIR TRAFFIC CONTROL.. 21,759 21,759
TOTAL AIRCRAFT 2,806,452 3,357,631
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 LOWER TIER AIR AND 35,473 35,473
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 331,575 331,575
004 MSE MISSILE.......... 776,696 776,696
005 PRECISION STRIKE 166,130 166,130
MISSILE (PRSM).
006 INDIRECT FIRE 25,253 20,253
PROTECTION
CAPABILITY INC 2-I.
Maintain level of [-5,000]
effort.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 118,800 115,800
Unit cost growth..... [-3,000]
008 JOINT AIR-TO-GROUND 152,177 214,177
MSLS (JAGM).
Army UFR--Additional [67,000]
JAGM procurement.
Unit cost growth..... [-5,000]
009 LONG RANGE PRECISION 44,744 44,744
MUNITION.
ANTI-TANK/ASSAULT
MISSILE SYS
010 JAVELIN (AAWS-M) 120,842 125,842
SYSTEM SUMMARY.
Army UFR--Light [5,000]
Weight Command
Launch Units.
011 TOW 2 SYSTEM SUMMARY. 104,412 102,412
Excess to need....... [-2,000]
012 GUIDED MLRS ROCKET 935,917 968,262
(GMLRS).
Army UFR--Restores [50,000]
GMLRS procurement.
Tooling request [-17,655]
previously funded.
013 MLRS REDUCED RANGE 29,574 29,574
PRACTICE ROCKETS
(RRPR).
014 HIGH MOBILITY 128,438 128,438
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 68,278 68,278
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
017 PATRIOT MODS......... 205,469 205,469
021 AVENGER MODS......... 11,227 11,227
022 ITAS/TOW MODS........ 4,561 4,561
023 MLRS MODS............ 273,856 273,856
024 HIMARS MODIFICATIONS. 7,192 7,192
SPARES AND REPAIR
PARTS
[[Page H7128]]
025 SPARES AND REPAIR 5,019 5,019
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
026 AIR DEFENSE TARGETS.. 10,618 10,618
TOTAL MISSILE 3,556,251 3,645,596
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 104,727 104,727
VEHICLE (AMPV).
002 ASSAULT BREACHER 16,454 16,454
VEHICLE (ABV).
003 MOBILE PROTECTED 286,977 286,977
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
005 STRYKER UPGRADE...... 1,005,028 1,120,028
Excess growth........ [-24,000]
Program increase..... [139,000]
006 BRADLEY PROGRAM (MOD) 461,385 538,354
Army UFR--Improved [56,969]
Bradley Acquisition
System upgrade.
Program increase..... [20,000]
007 M109 FOV 2,534 2,534
MODIFICATIONS.
008 PALADIN INTEGRATED 446,430 673,430
MANAGEMENT (PIM).
Army UFR--PIM [227,000]
increase.
009 IMPROVED RECOVERY 52,059 52,059
VEHICLE (M88A2
HERCULES).
010 ASSAULT BRIDGE (MOD). 2,136 2,136
013 JOINT ASSAULT BRIDGE. 110,773 110,773
015 ABRAMS UPGRADE 981,337 1,350,337
PROGRAM.
Army UFR--Abrams ARNG [369,000]
M1A2SEPv3 fielding.
016 VEHICLE PROTECTION 80,286 80,286
SYSTEMS (VPS).
WEAPONS & OTHER
COMBAT VEHICLES
018 MULTI-ROLE ANTI-ARMOR 31,623 31,623
ANTI-PERSONNEL
WEAPON S.
019 MORTAR SYSTEMS....... 37,485 50,338
Army UFR--120mm [12,853]
mortar cannon.
020 XM320 GRENADE 8,666 8,666
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 11,040 10,040
RIFLE.
Unit cost growth..... [-1,000]
023 CARBINE.............. 4,434 4,434
024 NEXT GENERATION SQUAD 97,087 97,087
WEAPON.
026 HANDGUN.............. 4,930 4,930
MOD OF WEAPONS AND
OTHER COMBAT VEH
027 MK-19 GRENADE MACHINE 13,027 13,027
GUN MODS.
028 M777 MODS............ 21,976 23,771
Army UFR--Software [1,795]
Defined Radio-
Hardware Integration
Kits.
030 M2 50 CAL MACHINE GUN 3,612 21,527
MODS.
Army UFR--Additional [17,915]
M2A1s for MATVs.
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 1,068 1,068
(WOCV-WTCV).
037 PRODUCTION BASE 90,819 90,819
SUPPORT (WOCV-WTCV).
TOTAL PROCUREMENT OF 3,875,893 4,695,425
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 47,490 79,890
TYPES.
Army UFR--Enhanced [32,400]
Performance Round
and Tracer.
002 CTG, 7.62MM, ALL 74,870 101,926
TYPES.
Program increase..... [28,473]
Unit cost growth..... [-1,417]
003 NEXT GENERATION SQUAD 76,794 76,794
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 7,812 7,812
TYPES.
005 CTG, .50 CAL, ALL 29,716 58,116
TYPES.
Program increase..... [28,400]
006 CTG, 20MM, ALL TYPES. 4,371 4,371
008 CTG, 30MM, ALL TYPES. 34,511 34,511
009 CTG, 40MM, ALL TYPES. 35,231 46,731
Army UFR--MK19 [14,000]
training and war
reserves.
BA54 and BA55 [-2,500]
uncertainty.
MORTAR AMMUNITION
010 60MM MORTAR, ALL 23,219 23,219
TYPES.
011 81MM MORTAR, ALL 52,135 52,135
TYPES.
012 120MM MORTAR, ALL 104,144 98,944
TYPES.
Unit cost growth..... [-5,200]
TANK AMMUNITION
013 CARTRIDGES, TANK, 224,503 217,603
105MM AND 120MM, ALL
TYPES.
Unit cost growth..... [-6,900]
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 26,709 57,553
75MM & 105MM, ALL
TYPES.
Army UPL............. [30,844]
015 ARTILLERY PROJECTILE, 174,015 174,715
155MM, ALL TYPES.
Army UFR--Additional [5,000]
inventory.
Unit cost growth..... [-4,300]
016 PROJ 155MM EXTENDED 73,498 61,498
RANGE M982.
Unit cost growth..... [-12,000]
017 ARTILLERY 150,873 143,373
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Unit cost growth..... [-7,500]
MINES
[[Page H7129]]
018 MINES & CLEARING 25,980 20,980
CHARGES, ALL TYPES.
Excess to need....... [-5,000]
019 CLOSE TERRAIN SHAPING 34,761 34,761
OBSTACLE.
ROCKETS
020 SHOULDER LAUNCHED 24,408 22,408
MUNITIONS, ALL TYPES.
Excess to need....... [-2,000]
021 ROCKET, HYDRA 70, ALL 109,536 117,536
TYPES.
Program increase..... [8,000]
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES... 6,549 6,549
023 DEMOLITION MUNITIONS, 27,904 27,904
ALL TYPES.
024 GRENADES, ALL TYPES.. 37,437 37,437
025 SIGNALS, ALL TYPES... 7,530 7,530
026 SIMULATORS, ALL TYPES 8,350 8,350
027 REACTIVE ARMOR TILES. 17,755 17,755
MISCELLANEOUS
028 AMMO COMPONENTS, ALL 2,784 2,784
TYPES.
029 ITEMS LESS THAN $5 17,797 17,797
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,290 12,290
EQUIPMENT.
031 FIRST DESTINATION 4,331 4,331
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 538,120 642,620
Army UFR--Demolition [40,000]
of Legacy Nitrate
Esters
(Nitroglycerin) NG1
Facility, Radford
Army Ammunition
Plant (RFAAP),
Virginia.
Army UFR-- [40,000]
Environmental,
Safety,
Construction,
Maintenance and
Repair of GOCO
Facilities in VA,
TN, MO, PA, & IA.
Army UFR-- [12,000]
Pyrotechnics
Energetic Capability
(PEC) construction
at Lake City Army
Ammunition Plant
(LCAAP), Missouri.
Army UFR--Solvent [12,500]
Propellant Facility,
Preliminary Design,
Radford Army
Ammunition Plant,
Virginia.
035 CONVENTIONAL 139,410 232,410
MUNITIONS
DEMILITARIZATION.
Program increase..... [93,000]
036 ARMS INITIATIVE...... 3,178 3,178
TOTAL PROCUREMENT OF 2,158,110 2,455,910
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 12,539 18,931
FLATBED:.
Army UFR--M872 [6,392]
semitrailer.
003 SEMITRAILERS, TANKERS 17,985 17,985
004 HI MOB MULTI-PURP 60,706 60,706
WHLD VEH (HMMWV).
005 GROUND MOBILITY 29,807 37,307
VEHICLES (GMV).
Program increase-- [7,500]
infantry squad
vehicle.
008 JOINT LIGHT TACTICAL 574,562 605,562
VEHICLE FAMILY OF
VEHICL.
Army UFR--Additional [120,000]
JLTV fielding.
Early to need........ [-89,000]
009 TRUCK, DUMP, 20T 9,882 19,632
(CCE).
Program increase..... [9,750]
010 FAMILY OF MEDIUM 36,885 61,885
TACTICAL VEH (FMTV).
Program increase..... [25,000]
011 FAMILY OF COLD 16,450 16,450
WEATHER ALL-TERRAIN
VEHICLE.
012 FIRETRUCKS & 26,256 26,256
ASSOCIATED
FIREFIGHTING EQUIP.
013 FAMILY OF HEAVY 64,282 64,282
TACTICAL VEHICLES
(FHTV).
014 PLS ESP.............. 16,943 16,943
015 HVY EXPANDED MOBILE 109,000
TACTICAL TRUCK EXT
SERV.
Program increase..... [109,000]
017 TACTICAL WHEELED 17,957 17,957
VEHICLE PROTECTION
KITS.
018 MODIFICATION OF IN 29,349 212,650
SVC EQUIP.
HMMWV modifications.. [183,301]
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,232 1,232
VEHICLES.
021 NONTACTICAL VEHICLES, 24,246 19,246
OTHER.
Excess carryover..... [-5,000]
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 140,036 142,536
PROGRAM.
Army UFR--Multi- [2,500]
Domain Task Force
All-Domain
Operations Center
cloud pilot.
023 TACTICAL NETWORK 436,524 429,024
TECHNOLOGY MOD IN
SVC.
Excess to need....... [-7,500]
025 DISASTER INCIDENT 3,863 3,863
RESPONSE COMMS
TERMINAL.
026 JCSE EQUIPMENT 4,845 4,845
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 97,369 97,369
WIDEBAND SATCOM
SYSTEMS.
030 TRANSPORTABLE 120,550 120,550
TACTICAL COMMAND
COMMUNICATIONS.
031 SHF TERM............. 38,129 38,129
032 ASSURED POSITIONING, 115,291 112,791
NAVIGATION AND
TIMING.
Excess to need....... [-2,500]
033 SMART-T (SPACE)...... 15,407 15,407
034 GLOBAL BRDCST SVC-- 2,763 2,763
GBS.
COMM--C3 SYSTEM
037 COE TACTICAL SERVER 99,858 99,858
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
038 HANDHELD MANPACK 775,069 730,069
SMALL FORM FIT (HMS).
[[Page H7130]]
Cost deviation....... [-5,000]
Single channel data [-35,000]
radio program
decrease.
Support cost excess [-5,000]
to need.
040 ARMY LINK 16 SYSTEMS. 17,749 17,749
042 UNIFIED COMMAND SUITE 17,984 17,984
043 COTS COMMUNICATIONS 191,702 185,702
EQUIPMENT.
Unit cost growth..... [-6,000]
044 FAMILY OF MED COMM 15,957 15,957
FOR COMBAT CASUALTY
CARE.
045 ARMY COMMUNICATIONS & 89,441 79,441
ELECTRONICS.
Insufficient [-10,000]
justification.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 13,317 13,317
ARCHITECTURE-INTEL.
048 DEFENSE MILITARY 5,207 5,207
DECEPTION INITIATIVE.
049 MULTI-DOMAIN 20,095 20,095
INTELLIGENCE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 987 987
SECURITY PROGRAM-
ISSP.
052 COMMUNICATIONS 126,273 126,273
SECURITY (COMSEC).
053 DEFENSIVE CYBER 27,389 31,489
OPERATIONS.
Army UFR-- [4,100]
Cybersecurity / IT
Network Mapping.
056 SIO CAPABILITY....... 21,303 21,303
057 BIOMETRIC ENABLING 914 914
CAPABILITY (BEC).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 9,209 24,209
COMMUNICATIONS.
Land mobile radios... [15,000]
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 219,026 219,026
061 EMERGENCY MANAGEMENT 4,875 4,875
MODERNIZATION
PROGRAM.
064 INSTALLATION INFO 223,001 225,041
INFRASTRUCTURE MOD
PROGRAM.
EUCOM UFR--Mission [2,040]
Partner Environment.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
067 JTT/CIBS-M........... 5,463 5,463
068 TERRESTRIAL LAYER 39,240 39,240
SYSTEMS (TLS).
070 DCGS-A-INTEL......... 92,613 119,563
Army UFR--Additional [26,950]
fixed node cloud
servers.
071 JOINT TACTICAL GROUND 8,088 8,088
STATION (JTAGS)-
INTEL.
072 TROJAN............... 30,828 30,828
073 MOD OF IN-SVC EQUIP 39,039 39,039
(INTEL SPT).
074 BIOMETRIC TACTICAL 11,097 11,097
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 EW PLANNING & 783 783
MANAGEMENT TOOLS
(EWPMT).
077 AIR VIGILANCE (AV)... 13,486 13,486
079 FAMILY OF PERSISTENT 14,414 14,414
SURVEILLANCE CAP..
080 COUNTERINTELLIGENCE/ 19,111 19,111
SECURITY
COUNTERMEASURES.
081 CI MODERNIZATION..... 421 421
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 SENTINEL MODS........ 47,642 47,642
083 NIGHT VISION DEVICES. 1,092,341 828,875
IVAS ahead of need... [-213,466]
Transfer to RDTE, [-50,000]
Army line 98.
084 SMALL TACTICAL 21,103 21,103
OPTICAL RIFLE
MOUNTED MLRF.
085 INDIRECT FIRE 6,153 6,153
PROTECTION FAMILY OF
SYSTEMS.
086 FAMILY OF WEAPON 184,145 184,145
SIGHTS (FWS).
087 ENHANCED PORTABLE 2,371 2,371
INDUCTIVE ARTILLERY
FUZE SE.
088 FORWARD LOOKING 11,929 11,929
INFRARED (IFLIR).
089 COUNTER SMALL 60,058 60,058
UNMANNED AERIAL
SYSTEM (C-SUAS).
090 JOINT BATTLE COMMAND-- 263,661 259,661
PLATFORM (JBC-P).
Unit cost growth..... [-4,000]
091 JOINT EFFECTS 62,082 62,082
TARGETING SYSTEM
(JETS).
093 COMPUTER BALLISTICS: 2,811 2,811
LHMBC XM32.
094 MORTAR FIRE CONTROL 17,236 17,236
SYSTEM.
095 MORTAR FIRE CONTROL 2,830 2,830
SYSTEMS
MODIFICATIONS.
096 COUNTERFIRE RADARS... 31,694 26,694
Excess to need....... [-5,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
097 ARMY COMMAND POST 49,410 49,410
INTEGRATED
INFRASTRUCTURE.
098 FIRE SUPPORT C2 9,853 9,853
FAMILY.
099 AIR & MSL DEFENSE 67,193 67,193
PLANNING & CONTROL
SYS.
100 IAMD BATTLE COMMAND 301,872 291,872
SYSTEM.
Excess costs [-10,000]
previously funded.
101 LIFE CYCLE SOFTWARE 5,182 5,182
SUPPORT (LCSS).
102 NETWORK MANAGEMENT 31,349 31,349
INITIALIZATION AND
SERVICE.
104 GLOBAL COMBAT SUPPORT 11,271 11,271
SYSTEM-ARMY (GCSS-A).
105 INTEGRATED PERSONNEL 16,077 16,077
AND PAY SYSTEM-ARMY
(IPPS-A).
107 MOD OF IN-SVC 3,160 9,160
EQUIPMENT (ENFIRE).
Program increase-- [6,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
108 ARMY TRAINING 9,833 9,833
MODERNIZATION.
109 AUTOMATED DATA 130,924 133,924
PROCESSING EQUIP.
Army UFR--ATRRS [3,000]
unlimited data
rights.
110 ACCESSIONS 44,635 39,635
INFORMATION
ENVIRONMENT (AIE).
Program decrease..... [-5,000]
111 GENERAL FUND 1,452 1,452
ENTERPRISE BUSINESS
SYSTEMS FAM.
[[Page H7131]]
112 HIGH PERF COMPUTING 69,943 69,943
MOD PGM (HPCMP).
113 CONTRACT WRITING 16,957 16,957
SYSTEM.
114 CSS COMMUNICATIONS... 73,110 73,110
115 RESERVE COMPONENT 12,905 12,905
AUTOMATION SYS
(RCAS).
ELECT EQUIP--SUPPORT
117 BCT EMERGING 13,835 13,835
TECHNOLOGIES.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 18,304 18,304
CHEMICAL DEFENSIVE
EQUIPMENT
119 BASE DEFENSE SYSTEMS 62,295 62,295
(BDS).
120 CBRN DEFENSE......... 55,632 55,632
BRIDGING EQUIPMENT
122 TACTICAL BRIDGING.... 9,625 9,625
123 TACTICAL BRIDGE, 76,082 76,082
FLOAT-RIBBON.
124 BRIDGE SUPPLEMENTAL 19,867 19,867
SET.
125 COMMON BRIDGE 109,796 109,796
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
126 HANDHELD STANDOFF 5,628 5,628
MINEFIELD DETECTION
SYS-HST.
128 HUSKY MOUNTED 26,823 75,123
DETECTION SYSTEM
(HMDS).
Army UFR--Additional [48,300]
HMDS.
131 ROBOTICS AND APPLIQUE 124,233 134,233
SYSTEMS.
Army UFR--Common [10,000]
Robotic System-
Individual (CRS-I).
132 RENDER SAFE SETS KITS 84,000 87,158
OUTFITS.
Army UFR--Additional [3,158]
render safe
equipment.
COMBAT SERVICE
SUPPORT EQUIPMENT
134 HEATERS AND ECU'S.... 7,116 5,116
Contract delay....... [-2,000]
135 SOLDIER ENHANCEMENT.. 1,286 7,786
Program increase..... [6,500]
136 PERSONNEL RECOVERY 9,741 9,741
SUPPORT SYSTEM
(PRSS).
137 GROUND SOLDIER SYSTEM 150,244 150,244
138 MOBILE SOLDIER POWER. 17,815 17,815
139 FORCE PROVIDER....... 28,860 28,860
140 FIELD FEEDING 2,321 2,321
EQUIPMENT.
141 CARGO AERIAL DEL & 40,240 40,240
PERSONNEL PARACHUTE
SYSTEM.
142 FAMILY OF ENGR COMBAT 36,163 36,163
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
144 QUALITY SURVEILLANCE 744 744
EQUIPMENT.
145 DISTRIBUTION SYSTEMS, 72,296 76,716
PETROLEUM & WATER.
Army UFR--Modular [4,420]
Fuel System (MFS).
MEDICAL EQUIPMENT
146 COMBAT SUPPORT 122,145 122,145
MEDICAL.
MAINTENANCE EQUIPMENT
147 MOBILE MAINTENANCE 14,756 12,856
EQUIPMENT SYSTEMS.
Excess carryover..... [-1,900]
CONSTRUCTION
EQUIPMENT
154 ALL TERRAIN CRANES... 112,784 107,784
Cost savings......... [-5,000]
156 CONST EQUIP ESP...... 8,694 8,694
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
158 ARMY WATERCRAFT ESP.. 44,409 58,009
Army UFR--Landing [13,600]
Craft Utility
modernization.
159 MANEUVER SUPPORT 76,660 76,660
VESSEL (MSV).
GENERATORS
161 GENERATORS AND 47,606 47,606
ASSOCIATED EQUIP.
162 TACTICAL ELECTRIC 10,500 10,500
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
163 FAMILY OF FORKLIFTS.. 13,325 13,325
TRAINING EQUIPMENT
164 COMBAT TRAINING 79,565 79,565
CENTERS SUPPORT.
165 TRAINING DEVICES, 174,644 174,644
NONSYSTEM.
166 SYNTHETIC TRAINING 122,104 92,266
ENVIRONMENT (STE).
RVCT ahead of need... [-29,838]
168 GAMING TECHNOLOGY IN 11,642 10,642
SUPPORT OF ARMY
TRAINING.
Excess carryover..... [-1,000]
TEST MEASURE AND DIG
EQUIPMENT (TMD)
170 INTEGRATED FAMILY OF 42,934 42,934
TEST EQUIPMENT
(IFTE).
172 TEST EQUIPMENT 24,304 24,304
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
174 PHYSICAL SECURITY 86,930 86,930
SYSTEMS (OPA3).
175 BASE LEVEL COMMON 27,823 27,823
EQUIPMENT.
176 MODIFICATION OF IN- 32,392 32,392
SVC EQUIPMENT (OPA-
3).
177 BUILDING, PRE-FAB, 32,227 32,227
RELOCATABLE.
179 SPECIAL EQUIPMENT FOR 76,917 76,917
TEST AND EVALUATION.
OPA2
180 INITIAL SPARES--C&E.. 9,272 9,272
TOTAL OTHER 8,873,558 8,987,865
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 87,832 977,161
HORNET.
Production line [-10,671]
shutdown.
[[Page H7132]]
Program increase--12 [900,000]
additional aircraft.
003 JOINT STRIKE FIGHTER 2,111,009 2,060,757
CV.
Unit cost savings.... [-50,252]
004 JOINT STRIKE FIGHTER 246,781 246,781
CV.
005 JSF STOVL............ 2,256,829 2,317,929
F-35 B PGSE & depot [128,800]
support--USMC UPL.
Target cost savings.. [-67,700]
006 JSF STOVL............ 216,720 216,720
007 CH-53K (HEAVY LIFT).. 1,286,296 1,503,126
Excess to need--pub/ [-14,782]
tech data.
GFE electronics [-3,388]
excess growth.
Program increase--two [250,000]
additional aircraft.
Unjustified growth-- [-15,000]
NRE production
capacity.
008 CH-53K (HEAVY LIFT).. 182,871 182,871
009 V-22 (MEDIUM LIFT)... 751,716 1,500,516
Program increase-- [414,400]
five additional MV-
22.
Program increase-- [334,400]
four additional CMV-
22.
011 H-1 UPGRADES (UH-1Y/ 939 939
AH-1Z).
013 P-8A POSEIDON........ 44,595 384,595
Additional aircraft.. [340,000]
014 E-2D ADV HAWKEYE..... 766,788 957,788
Navy UFR--Additional [191,000]
E-2D.
015 E-2D ADV HAWKEYE..... 118,095 118,095
TRAINER AIRCRAFT
016 ADVANCED HELICOPTER 163,490 163,490
TRAINING SYSTEM.
OTHER AIRCRAFT
017 KC-130J.............. 520,787 947,187
Marine Corps UFR--KC- [31,500]
130J weapons system
trainer.
Marine Corps UFR-- [197,900]
Replace KC-130J
aircraft.
Two additional C-130J [197,000]
aircraft--Navy UPL.
018 KC-130J.............. 68,088 68,088
021 MQ-4 TRITON.......... 160,151 483,151
Additional aircraft.. [323,000]
023 MQ-8 UAV............. 49,249 49,249
024 STUASL0 UAV.......... 13,151 13,151
025 MQ-25................ 47,468 47,468
027 MARINE GROUP 5 UAS... 233,686 273,686
Marine Corps UFR-- [40,000]
Additional aircraft.
MODIFICATION OF
AIRCRAFT
030 F-18 A-D UNIQUE...... 163,095 244,595
F/A-18 aircraft [-1,000]
structural life
management (OSIP 11-
99) inner wing
installation excess
cost growth.
Marine Corps UFR--F- [55,000]
18 ALR-67(V)5 radar
warning receiver.
Marine Corps UFR--F- [27,500]
18C/D AESA radar
upgrade.
031 F-18E/F AND EA-18G 482,899 482,899
MODERNIZATION AND
SUSTAINM.
032 MARINE GROUP 5 UAS 1,982 1,982
SERIES.
033 AEA SYSTEMS.......... 23,296 20,221
Excess support costs. [-3,075]
034 AV-8 SERIES.......... 17,882 17,882
035 INFRARED SEARCH AND 138,827 120,377
TRACK (IRST).
Limit production [-18,450]
growth.
036 ADVERSARY............ 143,571 143,571
037 F-18 SERIES.......... 327,571 327,571
038 H-53 SERIES.......... 112,436 109,136
Excess to need....... [-3,300]
039 MH-60 SERIES......... 94,794 94,794
040 H-1 SERIES........... 124,194 118,857
Excess to need....... [-5,337]
041 EP-3 SERIES.......... 28,848 28,848
042 E-2 SERIES........... 204,826 199,991
Electronic support [-1,800]
measures (OSIP 007-
21) excess
installation costs.
Electronic support [-1,785]
measures (OSIP 007-
21) previously
funded.
NAVWAR A-kit [-1,250]
installation (OSIP
011-19) previously
funded.
043 TRAINER A/C SERIES... 7,849 7,849
044 C-2A................. 2,843 2,843
045 C-130 SERIES......... 145,610 143,106
A and B kits (OSIP [-2,504]
019-14) unit cost
growth.
046 FEWSG................ 734 734
047 CARGO/TRANSPORT A/C 10,682 10,682
SERIES.
048 E-6 SERIES........... 128,029 128,029
049 EXECUTIVE HELICOPTERS 45,326 45,326
SERIES.
051 T-45 SERIES.......... 158,772 158,772
052 POWER PLANT CHANGES.. 24,915 24,915
053 JPATS SERIES......... 22,955 22,955
054 AVIATION LIFE SUPPORT 2,477 2,477
MODS.
055 COMMON ECM EQUIPMENT. 119,574 119,574
056 COMMON AVIONICS 118,839 118,839
CHANGES.
057 COMMON DEFENSIVE 5,476 5,476
WEAPON SYSTEM.
058 ID SYSTEMS........... 13,154 13,154
059 P-8 SERIES........... 131,298 115,998
Program delays....... [-15,300]
060 MAGTF EW FOR AVIATION 29,151 29,151
061 MQ-8 SERIES.......... 31,624 31,624
[[Page H7133]]
062 V-22 (TILT/ROTOR 312,835 312,835
ACFT) OSPREY.
063 NEXT GENERATION 266,676 266,676
JAMMER (NGJ).
064 F-35 STOVL SERIES.... 177,054 168,154
Block 4 B kits early [-8,900]
to need.
065 F-35 CV SERIES....... 138,269 131,369
TR-3/B4 delay........ [-6,900]
066 QRC.................. 98,563 98,563
067 MQ-4 SERIES.......... 7,100 7,100
068 RQ-21 SERIES......... 14,123 14,123
AIRCRAFT SPARES AND
REPAIR PARTS
072 SPARES AND REPAIR 2,339,077 2,466,977
PARTS.
Marine Corps UFR--F- [117,800]
35B engine spares.
Marine Corps UFR--KC- [7,000]
130J initial spares.
Marine Corps UFR--KC- [3,100]
130J weapons system
trainer initial
spares.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
073 COMMON GROUND 517,267 517,267
EQUIPMENT.
074 AIRCRAFT INDUSTRIAL 80,500 80,500
FACILITIES.
075 WAR CONSUMABLES...... 42,496 42,496
076 OTHER PRODUCTION 21,374 21,374
CHARGES.
077 SPECIAL SUPPORT 271,774 271,774
EQUIPMENT.
TOTAL AIRCRAFT 16,477,178 19,804,184
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,144,446 1,144,446
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,319 7,319
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 124,513 138,140
MK14 canisters [-3,743]
previously funded.
Program increase--ten [17,370]
additional tomahawks.
TACTICAL MISSILES
005 SIDEWINDER........... 86,366 82,788
Unit cost adjustment-- [-2,624]
AUR Block II.
Unit cost adjustment-- [-954]
CATM Block II.
006 STANDARD MISSILE..... 521,814 521,814
007 STANDARD MISSILE..... 45,357 45,357
008 JASSM................ 37,039 37,039
009 SMALL DIAMETER BOMB 40,877 40,877
II.
010 RAM.................. 92,981 73,015
Contract award delay. [-19,966]
011 JOINT AIR GROUND 49,702 49,702
MISSILE (JAGM).
012 HELLFIRE............. 7,557 7,557
013 AERIAL TARGETS....... 150,339 150,339
014 DRONES AND DECOYS.... 30,321 30,321
015 OTHER MISSILE SUPPORT 3,474 3,474
016 LRASM................ 161,212 161,212
017 NAVAL STRIKE MISSILE 59,331 52,377
(NSM).
Program decrease..... [-6,954]
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 206,233 206,233
019 ESSM................. 248,619 161,519
ESSM block 2 contract [-87,100]
award delays.
021 AARGM................ 116,345 116,345
022 STANDARD MISSILES 148,834 148,834
MODS.
SUPPORT EQUIPMENT &
FACILITIES
023 WEAPONS INDUSTRIAL 1,819 1,819
FACILITIES.
ORDNANCE SUPPORT
EQUIPMENT
026 ORDNANCE SUPPORT 191,905 191,905
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
027 SSTD................. 4,545 4,545
028 MK-48 TORPEDO........ 159,107 172,477
Contract award delay. [-34,000]
Navy UFR--Heavyweight [50,000]
Torpedo (HWT)
quantity increase.
Program decrease..... [-2,630]
029 ASW TARGETS.......... 13,630 13,630
MOD OF TORPEDOES AND
RELATED EQUIP
030 MK-54 TORPEDO MODS... 106,112 106,112
031 MK-48 TORPEDO ADCAP 35,680 35,680
MODS.
032 MARITIME MINES....... 8,567 8,567
SUPPORT EQUIPMENT
033 TORPEDO SUPPORT 93,400 93,400
EQUIPMENT.
034 ASW RANGE SUPPORT.... 3,997 3,997
DESTINATION
TRANSPORTATION
035 FIRST DESTINATION 4,023 4,023
TRANSPORTATION.
GUNS AND GUN MOUNTS
036 SMALL ARMS AND 14,909 14,909
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
037 CIWS MODS............ 6,274 6,274
038 COAST GUARD WEAPONS.. 45,958 45,958
039 GUN MOUNT MODS....... 68,775 68,775
040 LCS MODULE WEAPONS... 2,121 2,121
[[Page H7134]]
041 AIRBORNE MINE 14,822 14,822
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
043 SPARES AND REPAIR 162,382 166,682
PARTS.
Navy UFR--Maritime [4,300]
outfitting and
interim spares.
TOTAL WEAPONS 4,220,705 4,134,404
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 48,635 43,424
Excess to need--BLU- [-5,211]
137.
002 JDAM................. 74,140 48,526
Contract award delay. [-25,614]
003 AIRBORNE ROCKETS, ALL 75,383 75,383
TYPES.
004 MACHINE GUN 11,215 11,215
AMMUNITION.
005 PRACTICE BOMBS....... 52,225 52,225
006 CARTRIDGES & CART 70,876 70,492
ACTUATED DEVICES.
MK122 parachute [-384]
deploy rocket unit
cost overestimation.
007 AIR EXPENDABLE 61,600 57,069
COUNTERMEASURES.
IR decoys previously [-4,531]
funded.
008 JATOS................ 6,620 6,620
009 5 INCH/54 GUN 28,922 27,923
AMMUNITION.
Unit cost growth--5"/ [-999]
54 prop charge, full
DA65.
010 INTERMEDIATE CALIBER 36,038 31,537
GUN AMMUNITION.
ALaMO contract award [-4,501]
delay.
011 OTHER SHIP GUN 39,070 39,070
AMMUNITION.
012 SMALL ARMS & LANDING 45,493 44,195
PARTY AMMO.
NSW SMCA previously [-1,298]
funded.
013 PYROTECHNIC AND 9,163 9,163
DEMOLITION.
015 AMMUNITION LESS THAN 1,575 1,575
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 50,707 50,707
017 DIRECT SUPPORT 120,037 118,157
MUNITIONS.
Excess to need--20mm [-1,880]
Carl Gustaf trainer
system.
018 INFANTRY WEAPONS 94,001 63,259
AMMUNITION.
Excess to need--BA54 [-30,742]
& BA55 termination.
019 COMBAT SUPPORT 35,247 35,247
MUNITIONS.
020 AMMO MODERNIZATION... 16,267 16,267
021 ARTILLERY MUNITIONS.. 105,669 95,169
Contract delay....... [-10,500]
022 ITEMS LESS THAN $5 5,135 5,135
MILLION.
TOTAL PROCUREMENT OF 988,018 902,358
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,003,000 3,003,000
SUBMARINE.
002 OHIO REPLACEMENT 1,643,980 1,773,980
SUBMARINE AP.
Program increase-- [130,000]
submarine supplier
development.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,068,705 1,062,205
PROGRAM.
Program decrease..... [-6,500]
004 CVN-81............... 1,299,764 1,287,719
Program decrease..... [-12,045]
005 VIRGINIA CLASS 4,249,240 4,449,240
SUBMARINE.
Industrial base [200,000]
expansion.
006 VIRGINIA CLASS 2,120,407 2,105,407
SUBMARINE AP.
Program adjustment... [-15,000]
007 CVN REFUELING 2,456,018 2,436,018
OVERHAULS.
Excess growth........ [-20,000]
008 CVN REFUELING 66,262 66,262
OVERHAULS.
009 DDG 1000............. 56,597 56,597
010 DDG-51............... 2,016,787 4,929,073
Change order [-11,651]
excessive cost
growth.
Electronics excessive [-35,500]
cost growth.
Plans cost excessive [-47,000]
cost growth.
Program decrease..... [-20,463]
Termination liability [-33,000]
not required.
Two additional ships. [3,059,900]
011 DDG-51 AP............ 120,000
Program increase-- [120,000]
Advance procurement
for DDG-51.
013 FFG-FRIGATE.......... 1,087,900 1,087,900
014 FFG-FRIGATE.......... 69,100 69,100
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 60,636 60,636
016 LPD FLIGHT II AP..... 250,000
Program increase..... [250,000]
019 LHA REPLACEMENT...... 68,637 168,637
Program increase..... [100,000]
020 EXPEDITIONARY FAST 540,000
TRANSPORT (EPF).
Two additional ships. [540,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
021 TAO FLEET OILER...... 668,184 1,336,384
One additional ship.. [668,200]
[[Page H7135]]
022 TAO FLEET OILER AP... 76,012 0
Unjustified request.. [-76,012]
023 TAGOS SURTASS SHIPS.. 434,384 434,384
024 TOWING, SALVAGE, AND 183,800 183,800
RESCUE SHIP (ATS).
025 LCU 1700............. 67,928 67,928
026 OUTFITTING........... 655,707 622,926
Outfitting early to [-32,781]
need.
027 SHIP TO SHORE 156,738 286,738
CONNECTOR.
Ship to shore [130,000]
connector.
028 SERVICE CRAFT........ 67,866 67,866
029 LCAC SLEP............ 32,712 32,712
030 AUXILIARY VESSELS 299,900 120,000
(USED SEALIFT).
Program reduction.... [-179,900]
031 COMPLETION OF PY 660,795 660,795
SHIPBUILDING
PROGRAMS.
TOTAL SHIPBUILDING 22,571,059 27,279,307
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 41,414 41,414
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 83,746 83,746
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 72,300 72,300
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 234,932 234,932
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 583,136 583,136
006 FIREFIGHTING 15,040 15,040
EQUIPMENT.
007 COMMAND AND CONTROL 2,194 2,194
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 133,627 120,854
Program decrease..... [-12,773]
009 LCC 19/20 EXTENDED 4,387 4,387
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 18,159 18,159
EQUIPMENT.
011 SUBMARINE SUPPORT 88,284 98,284
EQUIPMENT.
Spare Seawolf-class [10,000]
bow dome.
012 VIRGINIA CLASS 22,669 22,669
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 9,640 9,640
EQUIPMENT.
014 SUBMARINE BATTERIES.. 21,834 21,834
015 LPD CLASS SUPPORT 34,292 29,478
EQUIPMENT.
Program decrease..... [-4,814]
016 DDG 1000 CLASS 126,107 111,761
SUPPORT EQUIPMENT.
Program decrease..... [-14,346]
017 STRATEGIC PLATFORM 12,256 12,256
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 10,682 10,682
019 CG MODERNIZATION..... 156,951 156,951
020 LCAC................. 21,314 21,314
021 UNDERWATER EOD 24,146 24,146
EQUIPMENT.
022 ITEMS LESS THAN $5 84,789 84,789
MILLION.
023 CHEMICAL WARFARE 2,997 2,997
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,307,651 1,475,051
REPAIR AND
MODERNIZATION.
Navy UFR--A-120 [167,400]
availability.
026 REACTOR POWER UNITS.. 3,270 3,270
027 REACTOR COMPONENTS... 438,729 438,729
OCEAN ENGINEERING
028 DIVING AND SALVAGE 10,772 10,772
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 58,770 58,770
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 168,822 150,822
Program decrease..... [-18,000]
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 74,231 74,231
MODULES EQUIPMENT.
032 LCS MCM MISSION 40,630 30,119
MODULES.
Program decrease..... [-10,511]
033 LCS ASW MISSION 1,565 1,565
MODULES.
034 LCS SUW MISSION 3,395 3,395
MODULES.
035 LCS IN-SERVICE 122,591 122,591
MODERNIZATION.
036 SMALL & MEDIUM UUV... 32,534 32,534
SHIP SONARS
038 SPQ-9B RADAR......... 15,927 15,927
039 AN/SQQ-89 SURF ASW 131,829 126,871
COMBAT SYSTEM.
Program decrease..... [-4,958]
040 SSN ACOUSTIC 379,850 360,898
EQUIPMENT.
Virginia class [-18,952]
technical insertion
kits previously
funded.
041 UNDERSEA WARFARE 13,965 13,965
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
042 SUBMARINE ACOUSTIC 24,578 24,578
WARFARE SYSTEM.
043 SSTD................. 11,010 11,010
044 FIXED SURVEILLANCE 363,651 363,651
SYSTEM.
045 SURTASS.............. 67,500 67,500
ELECTRONIC WARFARE
EQUIPMENT
046 AN/SLQ-32............ 370,559 370,559
[[Page H7136]]
RECONNAISSANCE
EQUIPMENT
047 SHIPBOARD IW EXPLOIT. 261,735 261,735
048 AUTOMATED 3,777 3,777
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
049 COOPERATIVE 24,641 46,924
ENGAGEMENT
CAPABILITY.
Navy UFR--Accelerate [8,983]
Naval Tactical Grid
Development for
Joint All-Domain
Command and Control
(JADC2).
Navy UFR--Maritime [13,300]
outfitting and
interim spares.
050 NAVAL TACTICAL 14,439 14,439
COMMAND SUPPORT
SYSTEM (NTCSS).
051 ATDLS................ 101,595 101,595
052 NAVY COMMAND AND 3,535 3,535
CONTROL SYSTEM
(NCCS).
053 MINESWEEPING SYSTEM 15,640 15,640
REPLACEMENT.
054 SHALLOW WATER MCM.... 5,610 5,610
055 NAVSTAR GPS RECEIVERS 33,097 33,097
(SPACE).
056 AMERICAN FORCES RADIO 2,513 2,513
AND TV SERVICE.
057 STRATEGIC PLATFORM 4,823 4,823
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
058 ASHORE ATC EQUIPMENT. 83,464 83,464
059 AFLOAT ATC EQUIPMENT. 67,055 67,055
060 ID SYSTEMS........... 46,918 46,918
061 JOINT PRECISION 35,386 35,386
APPROACH AND LANDING
SYSTEM (.
062 NAVAL MISSION 17,951 17,951
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
063 MARITIME INTEGRATED 2,360 2,360
BROADCAST SYSTEM.
064 TACTICAL/MOBILE C4I 18,919 18,919
SYSTEMS.
065 DCGS-N............... 16,691 16,691
066 CANES................ 412,002 441,002
Navy UFR--Resilient [29,000]
Communications PNT
for Combat Logistics
Fleet (CLF).
067 RADIAC............... 9,074 9,074
068 CANES-INTELL......... 51,593 51,593
069 GPETE................ 23,930 23,930
070 MASF................. 8,795 8,795
071 INTEG COMBAT SYSTEM 5,829 5,829
TEST FACILITY.
072 EMI CONTROL 3,925 3,925
INSTRUMENTATION.
073 ITEMS LESS THAN $5 156,042 156,042
MILLION.
SHIPBOARD
COMMUNICATIONS
074 SHIPBOARD TACTICAL 43,212 43,212
COMMUNICATIONS.
075 SHIP COMMUNICATIONS 90,724 90,724
AUTOMATION.
076 COMMUNICATIONS ITEMS 44,447 44,447
UNDER $5M.
SUBMARINE
COMMUNICATIONS
077 SUBMARINE BROADCAST 47,579 47,579
SUPPORT.
078 SUBMARINE 64,642 64,642
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
079 SATELLITE 38,636 38,636
COMMUNICATIONS
SYSTEMS.
080 NAVY MULTIBAND 34,723 34,723
TERMINAL (NMT).
SHORE COMMUNICATIONS
081 JOINT COMMUNICATIONS 2,651 2,651
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
082 INFO SYSTEMS SECURITY 146,879 146,879
PROGRAM (ISSP).
083 MIO INTEL 977 977
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
084 CRYPTOLOGIC 17,809 17,809
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 63,214 63,214
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 249,121 303,521
Navy UFR--Additional [54,400]
sonobuoys.
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 4,963 4,963
096 WEAPONS RANGE SUPPORT 98,898 98,898
EQUIPMENT.
097 AIRCRAFT SUPPORT 178,647 178,647
EQUIPMENT.
098 ADVANCED ARRESTING 22,265 22,265
GEAR (AAG).
099 METEOROLOGICAL 13,687 13,687
EQUIPMENT.
100 LEGACY AIRBORNE MCM.. 4,446 4,446
101 LAMPS EQUIPMENT...... 1,470 1,470
102 AVIATION SUPPORT 70,665 70,665
EQUIPMENT.
103 UMCS-UNMAN CARRIER 86,584 86,584
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
104 SHIP GUN SYSTEMS 5,536 5,536
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
105 HARPOON SUPPORT 204 204
EQUIPMENT.
106 SHIP MISSILE SUPPORT 237,987 237,987
EQUIPMENT.
107 TOMAHAWK SUPPORT 88,726 88,726
EQUIPMENT.
FBM SUPPORT EQUIPMENT
108 STRATEGIC MISSILE 281,259 281,259
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
109 SSN COMBAT CONTROL 143,289 143,289
SYSTEMS.
110 ASW SUPPORT EQUIPMENT 30,595 30,595
OTHER ORDNANCE
SUPPORT EQUIPMENT
111 EXPLOSIVE ORDNANCE 1,721 1,721
DISPOSAL EQUIP.
112 ITEMS LESS THAN $5 8,746 8,746
MILLION.
OTHER EXPENDABLE
ORDNANCE
113 ANTI-SHIP MISSILE 76,994 76,994
DECOY SYSTEM.
[[Page H7137]]
114 SUBMARINE TRAINING 75,813 75,813
DEVICE MODS.
115 SURFACE TRAINING 127,814 127,814
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
116 PASSENGER CARRYING 4,140 4,140
VEHICLES.
117 GENERAL PURPOSE 2,805 2,805
TRUCKS.
118 CONSTRUCTION & 48,403 46,403
MAINTENANCE EQUIP.
Excess carryover..... [-2,000]
119 FIRE FIGHTING 15,084 15,084
EQUIPMENT.
120 TACTICAL VEHICLES.... 27,400 27,400
121 POLLUTION CONTROL 2,607 2,607
EQUIPMENT.
122 ITEMS LESS THAN $5 51,963 51,963
MILLION.
123 PHYSICAL SECURITY 1,165 1,165
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 24,698 24,698
125 FIRST DESTINATION 5,385 5,385
TRANSPORTATION.
126 SPECIAL PURPOSE 660,750 660,750
SUPPLY SYSTEMS.
TRAINING DEVICES
127 TRAINING SUPPORT 3,465 3,465
EQUIPMENT.
128 TRAINING AND 60,114 60,114
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 31,007 31,007
EQUIPMENT.
130 MEDICAL SUPPORT 7,346 14,346
EQUIPMENT.
Navy UFR-- [7,000]
Expeditionary
medical readiness.
132 NAVAL MIP SUPPORT 2,887 2,887
EQUIPMENT.
133 OPERATING FORCES 12,815 12,815
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,324 6,324
135 ENVIRONMENTAL SUPPORT 25,098 25,098
EQUIPMENT.
136 PHYSICAL SECURITY 110,647 107,471
EQUIPMENT.
Program decrease..... [-3,176]
137 ENTERPRISE 31,709 31,709
INFORMATION
TECHNOLOGY.
OTHER
141 NEXT GENERATION 41 41
ENTERPRISE SERVICE.
142 CYBERSPACE ACTIVITIES 12,859 12,859
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 19,808 19,808
SPARES AND REPAIR
PARTS
143 SPARES AND REPAIR 424,405 517,105
PARTS.
Navy UFR--Maritime [92,700]
outfitting and
interim spares.
TOTAL OTHER 10,875,912 11,169,165
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 36,836 36,836
002 AMPHIBIOUS COMBAT 532,355 532,355
VEHICLE FAMILY OF
VEHICLES.
003 LAV PIP.............. 23,476 23,476
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 32 32
TOWED HOWITZER.
005 ARTILLERY WEAPONS 67,548 221,347
SYSTEM.
Marine Corps UFR-- [57,799]
Ground-launched anti-
ship missiles.
Marine Corps UFR-- [96,000]
Ground-launched long
range fires.
006 WEAPONS AND COMBAT 35,402 35,402
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
008 GROUND BASED AIR 9,349 9,349
DEFENSE.
009 ANTI-ARMOR MISSILE- 937 937
JAVELIN.
010 FAMILY ANTI-ARMOR 20,481 20,481
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 14,359 12,359
TOW.
Unit cost growth..... [-2,000]
012 GUIDED MLRS ROCKET 98,299 98,299
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 18,247 18,247
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 33,554 33,554
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 167 167
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 64,879 130,779
MILLION (COMM &
ELEC).
Marine Corps UFR--Fly- [9,000]
Away Broadcast
System.
Marine Corps UFR-- [16,900]
INOD Block III long-
range sight.
Marine Corps UFR-- [40,000]
Squad binocular
night vision goggle.
017 AIR OPERATIONS C2 1,291 1,291
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 297,369 645,369
ORIENTED RADAR (G/
ATOR).
Marine Corps UFR-- [304,000]
Additional G/ATOR
units.
Marine Corps UFR-- [44,000]
Additional radar
retrofit kits and
FRP systems.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 604 604
021 FIRE SUPPORT SYSTEM.. 39,810 39,810
022 INTELLIGENCE SUPPORT 67,309 72,860
EQUIPMENT.
Marine Corps UFR-- [5,551]
SCINet equipment.
024 UNMANNED AIR SYSTEMS 24,299 24,299
(INTEL).
025 DCGS-MC.............. 28,633 28,633
026 UAS PAYLOADS......... 3,730 3,730
[[Page H7138]]
OTHER SUPPORT (NON-
TEL)
029 NEXT GENERATION 97,060 97,060
ENTERPRISE NETWORK
(NGEN).
030 COMMON COMPUTER 83,606 79,606
RESOURCES.
Training and [-2,000]
education
headquarters support
unjustified request.
Wargaming hardware [-2,000]
early to need.
031 COMMAND POST SYSTEMS. 53,708 39,708
NOTM refresh early to [-14,000]
need.
032 RADIO SYSTEMS........ 468,678 444,678
TCM ground radios [-10,000]
sparing previously
funded.
Unjustified request.. [-14,000]
033 COMM SWITCHING & 49,600 43,600
CONTROL SYSTEMS.
Excess growth........ [-6,000]
034 COMM & ELEC 110,835 116,635
INFRASTRUCTURE
SUPPORT.
Excess growth........ [-10,000]
Marine Corps UFR-- [15,800]
Base
telecommunications
equipment upgrades.
035 CYBERSPACE ACTIVITIES 25,377 46,577
Marine Corps UFR-- [21,200]
Defensive Cyber Ops-
Internal Defensive
Measures suites.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 4,034 4,034
ADMINISTRATIVE
VEHICLES
038 COMMERCIAL CARGO 17,848 17,848
VEHICLES.
TACTICAL VEHICLES
039 MOTOR TRANSPORT 23,363 21,924
MODIFICATIONS.
Excess growth........ [-1,439]
040 JOINT LIGHT TACTICAL 322,013 322,013
VEHICLE.
042 TRAILERS............. 9,876 9,876
ENGINEER AND OTHER
EQUIPMENT
044 TACTICAL FUEL SYSTEMS 2,161 2,161
045 POWER EQUIPMENT 26,625 18,955
ASSORTED.
Intelligent power [-7,670]
distribution
previously funded.
046 AMPHIBIOUS SUPPORT 17,119 15,909
EQUIPMENT.
Excess carryover..... [-1,210]
047 EOD SYSTEMS.......... 94,472 107,672
Marine Corps UFR-- [7,800]
BCWD/UnSAT/Explosive
Hazard Defeat
Systems.
Marine Corps UFR-- [5,400]
ENFIRE/Explosive
Hazard Defeat
Systems.
MATERIALS HANDLING
EQUIPMENT
048 PHYSICAL SECURITY 84,513 84,513
EQUIPMENT.
GENERAL PROPERTY
049 FIELD MEDICAL 8,105 8,105
EQUIPMENT.
050 TRAINING DEVICES..... 37,814 35,211
CACCTUS lap equipment [-2,603]
previously funded.
051 FAMILY OF 34,658 50,458
CONSTRUCTION
EQUIPMENT.
Marine Corps UFR--All- [10,800]
terrain crane.
Marine Corps UFR-- [5,000]
Rough terrain
container handler.
052 ULTRA-LIGHT TACTICAL 15,439 15,439
VEHICLE (ULTV).
OTHER SUPPORT
053 ITEMS LESS THAN $5 4,402 15,002
MILLION.
Marine Corps UFR-- [10,600]
Lightweight water
purification system.
SPARES AND REPAIR
PARTS
054 SPARES AND REPAIR 32,819 32,819
PARTS.
TOTAL PROCUREMENT, 3,043,091 3,620,019
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 108,027 108,027
TACTICAL FORCES
002 F-35................. 4,167,604 4,392,604
Air Force UFR--F-35 [175,000]
power modules.
USG depot [50,000]
acceleration.
003 F-35................. 352,632 352,632
005 F-15EX............... 1,186,903 1,762,903
Air Force UFR-- [576,000]
Additional aircraft,
spares, support
equipment.
006 F-15EX............... 147,919 147,919
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,380,315 2,315,315
Excess growth........ [-65,000]
OTHER AIRLIFT
008 C-130J............... 128,896 128,896
009 MC-130J.............. 220,049 220,049
UPT TRAINERS
011 ADVANCED TRAINER 10,397 0
REPLACEMENT T-X.
Procurement funds [-10,397]
ahead of need.
HELICOPTERS
012 MH-139A.............. 75,000
Program increase..... [75,000]
013 COMBAT RESCUE 792,221 792,221
HELICOPTER.
MISSION SUPPORT
AIRCRAFT
016 CIVIL AIR PATROL A/C. 2,813 11,400
Program increase..... [8,587]
OTHER AIRCRAFT
017 TARGET DRONES........ 116,169 116,169
019 E-11 BACN/HAG........ 124,435 124,435
[[Page H7139]]
021 MQ-9................. 3,288 78,567
Program increase-- [75,279]
four aircraft.
STRATEGIC AIRCRAFT
023 B-2A................. 29,944 29,944
024 B-1B................. 30,518 27,406
Radio crypto mod [-3,112]
ahead of need.
025 B-52................. 82,820 82,820
026 COMBAT RESCUE 61,191 45,891
HELICOPTER.
Early to need-- [-15,300]
contract delay.
027 LARGE AIRCRAFT 57,001 57,001
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
028 A-10................. 83,621 83,621
029 E-11 BACN/HAG........ 68,955 68,955
030 F-15................. 234,340 232,457
F-15E MIDS-JTRS [-1,883]
installs excess to
need.
031 F-16................. 613,166 733,166
F-16 AESAs........... [100,000]
Program increase--HUD [20,000]
upgrade.
032 F-22A................ 424,722 384,722
Program decrease..... [-40,000]
033 F-35 MODIFICATIONS... 304,135 1,388,935
F-35 upgrades to [1,100,000]
Block 4.
TR-3/B4 delay........ [-15,200]
034 F-15 EPAW............ 149,797 149,797
036 KC-46A MDAP.......... 1,984 1,984
AIRLIFT AIRCRAFT
037 C-5.................. 25,431 25,431
038 C-17A................ 59,570 59,570
040 C-32A................ 1,949 1,949
041 C-37A................ 5,984 5,984
TRAINER AIRCRAFT
042 GLIDER MODS.......... 142 142
043 T-6.................. 8,735 8,735
044 T-1.................. 3,872 872
Excess to need....... [-3,000]
045 T-38................. 49,851 49,851
OTHER AIRCRAFT
046 U-2 MODS............. 126,809 126,809
047 KC-10A (ATCA)........ 1,902 1,902
049 VC-25A MOD........... 96 96
050 C-40................. 262 262
051 C-130................ 29,071 169,771
Program increase-- [75,700]
eight blade
propeller upgrade.
Program increase-- [50,000]
engine enhancement
program.
Program increase-- [15,000]
modular airborne
firefighting system.
052 C-130J MODS.......... 110,784 110,784
053 C-135................ 61,376 61,376
054 COMPASS CALL......... 195,098 270,098
Air Force UFR-- [75,000]
Additional spare
engines.
056 RC-135............... 207,596 207,596
057 E-3.................. 109,855 109,855
058 E-4.................. 19,081 19,081
059 E-8.................. 16,312 43,312
Program increase--CDL [27,000]
060 AIRBORNE WARNING AND 30,327 26,627
CNTRL SYS (AWACS) 40/
45.
Block 40/45 carryover [-3,700]
062 H-1.................. 1,533 1,533
063 H-60................. 13,709 32,709
OLR mod early to need [-1,000]
Restore degraded [20,000]
visual environment.
064 RQ-4 MODS............ 3,205 3,205
065 HC/MC-130 150,263 148,815
MODIFICATIONS.
Communications [-1,448]
modernization phase
1 NRE ahead of need.
066 OTHER AIRCRAFT....... 54,828 54,828
067 MQ-9 MODS............ 144,287 144,287
068 MQ-9 UAS PAYLOADS.... 40,800 40,800
069 SENIOR LEADER C3, 23,554 23,554
SYSTEM--AIRCRAFT.
070 CV-22 MODS........... 158,162 240,562
SOCOM UFR--CV-22 [82,400]
reliability
acceleration.
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 915,710 915,710
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 138,761 138,761
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,651 1,651
074 B-2B................. 38,811 38,811
075 B-52................. 5,602 5,602
078 F-15................. 2,324 2,324
079 F-16................. 10,456 10,456
081 RQ-4 POST PRODUCTION 24,592 24,592
CHARGES.
INDUSTRIAL
PREPAREDNESS
082 INDUSTRIAL 18,110 18,110
RESPONSIVENESS.
[[Page H7140]]
WAR CONSUMABLES
083 WAR CONSUMABLES...... 35,866 35,866
OTHER PRODUCTION
CHARGES
084 OTHER PRODUCTION 979,388 1,019,388
CHARGES.
Classified [40,000]
modifications--progr
am increase.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 18,092 18,092
TOTAL AIRCRAFT 15,727,669 18,132,595
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,793 57,793
EQ-BALLISTIC.
BALLISTIC MISSILES
002 GROUND BASED 8,895 8,895
STRATEGIC DETERRENT.
TACTICAL
003 REPLAC EQUIP & WAR 7,681 7,681
CONSUMABLES.
004 AGM-183A AIR-LAUNCHED 160,850 116,850
RAPID RESPONSE
WEAPON.
Procurement early to [-44,000]
need.
006 JOINT AIR-SURFACE 710,550 660,550
STANDOFF MISSILE.
Program decrease..... [-50,000]
008 SIDEWINDER (AIM-9X).. 107,587 107,587
009 AMRAAM............... 214,002 214,002
010 PREDATOR HELLFIRE 103,684 103,684
MISSILE.
011 SMALL DIAMETER BOMB.. 82,819 82,819
012 SMALL DIAMETER BOMB 294,649 294,649
II.
INDUSTRIAL FACILITIES
013 INDUSTR'L PREPAREDNS/ 757 757
POL PREVENTION.
CLASS IV
015 ICBM FUZE MOD........ 53,013 65,263
Realignment of funds. [12,250]
016 ICBM FUZE MOD AP..... 47,757 35,507
Realignment of funds. [-12,250]
017 MM III MODIFICATIONS. 88,579 88,579
019 AIR LAUNCH CRUISE 46,799 46,799
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
020 MSL SPRS/REPAIR PARTS 16,212 16,212
(INITIAL).
021 MSL SPRS/REPAIR PARTS 63,547 63,547
(REPLEN).
022 INITIAL SPARES/REPAIR 4,045 4,045
PARTS.
SPECIAL PROGRAMS
027 SPECIAL UPDATE 30,352 30,352
PROGRAMS.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 570,240 570,240
TOTAL MISSILE 2,669,811 2,575,811
PROCUREMENT, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 43,655 39,655
SYSTEM.
Unjustified cost [-4,000]
growth.
003 COUNTERSPACE SYSTEMS. 64,804 64,804
004 FAMILY OF BEYOND LINE- 39,444 39,444
OF-SIGHT TERMINALS.
005 GENERAL INFORMATION 3,316 5,116
TECH--SPACE.
Space Force UFR-- [1,800]
Modernize space
aggressor equipment.
006 GPSIII FOLLOW ON..... 601,418 601,418
007 GPS III SPACE SEGMENT 84,452 84,452
008 GLOBAL POSTIONING 2,274 2,274
(SPACE).
009 HERITAGE TRANSITION.. 13,529 13,529
010 SPACEBORNE EQUIP 26,245 48,945
(COMSEC).
Space Force UFR-- [22,700]
Space-rated crypto
devices to support
launch.
011 MILSATCOM............ 24,333 24,333
012 SBIR HIGH (SPACE).... 154,526 154,526
013 SPECIAL SPACE 142,188 142,188
ACTIVITIES.
014 MOBILE USER OBJECTIVE 45,371 45,371
SYSTEM.
015 NATIONAL SECURITY 1,337,347 1,337,347
SPACE LAUNCH.
016 NUDET DETECTION 6,690 6,690
SYSTEM.
017 PTES HUB............. 7,406 7,406
018 ROCKET SYSTEMS LAUNCH 10,429 10,429
PROGRAM.
020 SPACE MODS........... 64,371 64,371
021 SPACELIFT RANGE 93,774 93,774
SYSTEM SPACE.
SPARES
022 SPARES AND REPAIR 1,282 1,282
PARTS.
TOTAL PROCUREMENT, 2,766,854 2,787,354
SPACE FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 36,597 36,597
CARTRIDGES
002 CARTRIDGES........... 169,163 164,163
Excess to need....... [-5,000]
BOMBS
003 PRACTICE BOMBS....... 48,745 48,745
004 GENERAL PURPOSE BOMBS 176,565 176,565
005 MASSIVE ORDNANCE 15,500 15,500
PENETRATOR (MOP).
[[Page H7141]]
006 JOINT DIRECT ATTACK 124,102 48,584
MUNITION.
Program carryover.... [-75,518]
007 B-61................. 2,709 2,709
OTHER ITEMS
008 CAD/PAD.............. 47,210 47,210
009 EXPLOSIVE ORDNANCE 6,151 6,151
DISPOSAL (EOD).
010 SPARES AND REPAIR 535 535
PARTS.
011 MODIFICATIONS........ 292 292
012 ITEMS LESS THAN 9,164 9,164
$5,000,000.
FLARES
013 FLARES............... 95,297 95,297
FUZES
014 FUZES................ 50,795 50,795
SMALL ARMS
015 SMALL ARMS........... 12,343 12,343
TOTAL PROCUREMENT OF 795,168 714,650
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 8,448 8,448
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 5,804 5,804
VEHICLE.
003 CAP VEHICLES......... 1,066 1,800
Program increase-- [734]
Civil Air Patrol.
004 CARGO AND UTILITY 57,459 57,459
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 97,326 92,326
VEHICLE.
Excess carryover..... [-5,000]
006 SECURITY AND TACTICAL 488 488
VEHICLES.
007 SPECIAL PURPOSE 75,694 77,694
VEHICLES.
CNGB UFR--Temperature [2,000]
control trailers.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 12,525 12,525
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 34,933 34,933
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 9,134 9,134
CLEANING EQU.
011 BASE MAINTENANCE 111,820 103,728
SUPPORT VEHICLES.
Program decrease..... [-8,092]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 66,022 66,022
014 STRATEGIC 885,051 885,051
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 5,809 5,809
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 5,719 5,719
EQUIPMENT.
017 INTELLIGENCE COMM 25,844 25,844
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 44,516 44,516
LANDING SYS.
019 BATTLE CONTROL 2,940 2,940
SYSTEM--FIXED.
020 THEATER AIR CONTROL 43,442 47,842
SYS IMPROVEMEN.
EUCOM UFR--Air base [4,400]
air defens ops
center.
021 3D EXPEDITIONARY LONG- 96,186 248,186
RANGE RADAR.
Air Force UFR--Build [152,000]
command and control
framework.
022 WEATHER OBSERVATION 32,376 32,376
FORECAST.
023 STRATEGIC COMMAND AND 37,950 37,950
CONTROL.
024 CHEYENNE MOUNTAIN 8,258 8,258
COMPLEX.
025 MISSION PLANNING 14,717 14,717
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 43,917 88,247
TECHNOLOGY.
EUCOM UFR--Mission [13,800]
Partner Environment.
INDOPACOM UFR-- [30,530]
Mission Partner
Environment.
028 AF GLOBAL COMMAND & 414 414
CONTROL SYS.
030 MOBILITY COMMAND AND 10,619 10,619
CONTROL.
031 AIR FORCE PHYSICAL 101,896 116,797
SECURITY SYSTEM.
EUCOM UFR--Counter- [1,241]
UAS for UASFE
installations.
EUCOM UFR--Sensors [11,660]
for air base air
defense.
Space Force UFR--Maui [2,000]
Optical Site
security system.
032 COMBAT TRAINING 222,598 222,598
RANGES.
033 COMBAT TRAINING 14,730 14,730
RANGES.
034 MINIMUM ESSENTIAL 77,119 77,119
EMERGENCY COMM N.
035 WIDE AREA 38,794 38,794
SURVEILLANCE (WAS).
036 C3 COUNTERMEASURES... 131,238 131,238
037 INTEGRATED PERSONNEL 15,240 15,240
AND PAY SYSTEM.
038 GCSS-AF FOS.......... 3,959 3,959
040 MAINTENANCE REPAIR & 4,387 4,387
OVERHAUL INITIATIVE.
041 THEATER BATTLE MGT C2 4,052 4,052
SYSTEM.
042 AIR & SPACE 2,224 2,224
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 58,499 58,499
TRANSPT INFRAST
(BITI) WIRED.
044 AFNET................ 65,354 65,354
045 JOINT COMMUNICATIONS 4,377 4,377
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 18,101 18,101
[[Page H7142]]
047 USSTRATCOM........... 4,226 4,226
ORGANIZATION AND BASE
048 TACTICAL C-E 162,955 157,817
EQUIPMENT.
Program decrease..... [-5,138]
049 RADIO EQUIPMENT...... 14,232 15,732
Space Force UFR-- [1,500]
radio equipment.
051 BASE COMM 200,797 262,797
INFRASTRUCTURE.
EUCOM UFR--Modernize [55,000]
IT infrastructure.
Space Force UFR-- [7,000]
Lifecycle SIPR/NIP
replacement.
MODIFICATIONS
052 COMM ELECT MODS...... 18,607 18,607
PERSONAL SAFETY &
RESCUE EQUIP
053 PERSONAL SAFETY AND 106,449 106,449
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
054 POWER CONDITIONING 11,274 11,274
EQUIPMENT.
055 MECHANIZED MATERIAL 8,594 8,594
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
056 BASE PROCURED 1 33,251
EQUIPMENT.
CNGB UFR--Modular [25,000]
small arms ranges.
EUCOM UFR--Tactical [8,250]
decoy devices.
057 ENGINEERING AND EOD 32,139 32,139
EQUIPMENT.
058 MOBILITY EQUIPMENT... 63,814 63,814
059 FUELS SUPPORT 17,928 17,928
EQUIPMENT (FSE).
060 BASE MAINTENANCE AND 48,534 48,534
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
062 DARP RC135........... 27,359 27,359
063 DCGS-AF.............. 261,070 261,070
065 SPECIAL UPDATE 777,652 777,652
PROGRAM.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 20,983,908 21,183,908
Program increase..... [200,000]
SPARES AND REPAIR
PARTS
066 SPARES AND REPAIR 978 978
PARTS (CYBER).
067 SPARES AND REPAIR 9,575 9,575
PARTS.
TOTAL OTHER 25,251,137 25,748,022
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
081 AGILE PROCUREMENT 100,000
TRANSITION PILOT.
Program increase..... [100,000]
MAJOR EQUIPMENT, SDA
024 MAJOR EQUIPMENT, DPAA 494 494
047 MAJOR EQUIPMENT, OSD. 31,420 31,420
048 JOINT CAPABILITY TECH 74,060 74,060
DEMONSTRATION (JCTD).
MAJOR EQUIPMENT, NSA
046 INFORMATION SYSTEMS 315 315
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, DISA
010 INFORMATION SYSTEMS 18,923 18,923
SECURITY.
011 TELEPORT PROGRAM..... 34,908 34,908
012 JOINT FORCES 1,968 1,968
HEADQUARTERS--DODIN.
013 ITEMS LESS THAN $5 42,270 42,270
MILLION.
014 DEFENSE INFORMATION 18,025 18,025
SYSTEM NETWORK.
015 WHITE HOUSE 44,522 44,522
COMMUNICATION AGENCY.
016 SENIOR LEADERSHIP 54,592 54,592
ENTERPRISE.
017 JOINT REGIONAL 62,657 62,657
SECURITY STACKS
(JRSS).
018 JOINT SERVICE 102,039 102,039
PROVIDER.
019 FOURTH ESTATE NETWORK 80,645 80,645
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
021 MAJOR EQUIPMENT...... 530,896 510,896
Excess growth........ [-20,000]
MAJOR EQUIPMENT, DCSA
002 MAJOR EQUIPMENT...... 3,014 3,014
MAJOR EQUIPMENT, TJS
049 MAJOR EQUIPMENT, TJS. 7,830 7,830
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
029 THAAD................ 251,543 361,122
MDA UFR--Additional [109,579]
interceptors.
031 AEGIS BMD............ 334,621 334,621
032 AEGIS BMD............ 17,493 17,493
033 BMDS AN/TPY-2 RADARS. 2,738 2,738
034 SM-3 IIAS............ 295,322 336,822
MDA UFR--Additional [41,500]
AURs.
035 ARROW 3 UPPER TIER 62,000 62,000
SYSTEMS.
036 SHORT RANGE BALLISTIC 30,000 30,000
MISSILE DEFENSE
(SRBMD).
037 DEFENSE OF GUAM 40,000 80,000
PROCUREMENT.
INDOPACOM UFR--Guam [40,000]
Defense System.
038 AEGIS ASHORE PHASE 25,866 25,866
III.
039 IRON DOME............ 108,000 108,000
040 AEGIS BMD HARDWARE 81,791 81,791
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
004 PERSONNEL 4,042 4,042
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
[[Page H7143]]
026 VEHICLES............. 118 118
027 OTHER MAJOR EQUIPMENT 12,681 12,681
MAJOR EQUIPMENT,
DODEA
023 AUTOMATION/ 2,963 2,963
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
022 MAJOR EQUIPMENT...... 8,498 8,498
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 635,338 635,338
AVIATION PROGRAMS
052 ARMED OVERWATCH/ 170,000 166,000
TARGETING.
Unit cost growth..... [-4,000]
053 MANNED ISR........... 2,500 2,500
054 MC-12................ 2,250 2,250
055 MH-60 BLACKHAWK...... 29,900 29,900
056 ROTARY WING UPGRADES 202,278 202,278
AND SUSTAINMENT.
057 UNMANNED ISR......... 55,951 55,951
058 NON-STANDARD AVIATION 3,282 3,282
059 U-28................. 4,176 4,176
060 MH-47 CHINOOK........ 130,485 130,485
061 CV-22 MODIFICATION... 41,762 47,572
SOCOM UFR--CV-22 [5,810]
reliability
acceleration.
062 MQ-9 UNMANNED AERIAL 8,020 8,020
VEHICLE.
063 PRECISION STRIKE 165,224 165,224
PACKAGE.
064 AC/MC-130J........... 205,216 205,216
065 C-130 MODIFICATIONS.. 13,373 13,373
SHIPBUILDING
066 UNDERWATER SYSTEMS... 17,227 23,327
SOCOM UFR--Combat [5,200]
diving advanced
equipment
acceleration.
SOCOM UFR--Modernized [900]
forward look sonar.
AMMUNITION PROGRAMS
067 ORDNANCE ITEMS <$5M.. 168,072 168,072
OTHER PROCUREMENT
PROGRAMS
068 INTELLIGENCE SYSTEMS. 131,889 131,889
069 DISTRIBUTED COMMON 5,991 5,991
GROUND/SURFACE
SYSTEMS.
070 OTHER ITEMS <$5M..... 62,722 62,722
071 COMBATANT CRAFT 17,080 17,080
SYSTEMS.
072 SPECIAL PROGRAMS..... 44,351 75,531
SOCOM UFR--Medium [31,180]
fixed wing mobility
modifications.
073 TACTICAL VEHICLES.... 26,806 26,806
074 WARRIOR SYSTEMS <$5M. 284,548 294,548
Radio integration [10,000]
system program
upgrade.
075 COMBAT MISSION 27,513 27,513
REQUIREMENTS.
077 OPERATIONAL 20,252 20,252
ENHANCEMENTS
INTELLIGENCE.
078 OPERATIONAL 328,569 389,872
ENHANCEMENTS.
SOCOM UFR--Armored [33,303]
ground mobility
systems acceleration.
SOCOM UFR--Fused [28,000]
panoramic night
vision goggles
acceleration.
CBDP
079 CHEMICAL BIOLOGICAL 167,918 167,918
SITUATIONAL
AWARENESS.
080 CB PROTECTION & 189,265 183,884
HAZARD MITIGATION.
TATPE excess growth.. [-5,381]
TOTAL PROCUREMENT, 5,548,212 5,924,303
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
001 MISCELLANEOUS 950,000
EQUIPMENT.
Program increase..... [950,000]
TOTAL NATIONAL GUARD 950,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 132,205,078 146,884,599
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2022 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 297,241 328,788
.................................. Program increase.................. [22,047]
.................................. Program increase--digital thread [5,000]
for advanced manufacturing.
.................................. Program increase--lightweight high [3,000]
entropy metallic alloy discovery.
.................................. Program increase--unmanned aerial [1,500]
systems hybrid propulsion.
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 66,981 96,981
.................................. Program increase--defense [30,000]
university research
instrumentation program.
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 94,003 103,003
CENTERS.
[[Page H7144]]
.................................. Program increase--biotechnology [4,000]
advancements.
.................................. SMART and cognitive research for [5,000]
RF/radar.
004 0601121A CYBER COLLABORATIVE RESEARCH 5,067 5,067
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,183 15,183
MACHINE LEARNING BASIC RESEARCH.
.................................. Program increase--extreme events [5,000]
in structurally evolving
materials.
.................................. SUBTOTAL BASIC RESEARCH........... 473,475 549,022
..................................
.................................. APPLIED RESEARCH
006 0602115A BIOMEDICAL TECHNOLOGY............. 11,925 11,925
007 0602134A COUNTER IMPROVISED-THREAT ADVANCED 1,976 1,976
STUDIES.
008 0602141A LETHALITY TECHNOLOGY.............. 64,126 65,126
.................................. CPF--research and development of [1,000]
next generation explosives and
propellants.
009 0602142A ARMY APPLIED RESEARCH............. 28,654 28,654
010 0602143A SOLDIER LETHALITY TECHNOLOGY...... 105,168 115,168
.................................. Program increase--Pathfinder air [10,000]
assault.
011 0602144A GROUND TECHNOLOGY................. 56,400 105,400
.................................. Additive manufacturing materials.. [8,000]
.................................. CPF--Army Research Lab (ARL) [5,000]
Additive Manufacturing/Machine
Learning (AM/ML) Initiative.
.................................. Military footwear research........ [2,500]
.................................. Modeling enabled multifunctional [6,000]
materials development (MEMMD).
.................................. Program increase--advanced [10,000]
manufacturing materials processes
initiative.
.................................. Program increase--advanced [8,000]
polymers for force protection.
.................................. Program increase--ceramic [2,500]
materials for extreme
environments.
.................................. Program increase--earthen [3,000]
structures soil enhancement.
.................................. Program increase--polar proving [2,000]
ground and training program.
.................................. Program increase--verified [2,000]
inherent control.
012 0602145A NEXT GENERATION COMBAT VEHICLE 172,166 192,666
TECHNOLOGY.
.................................. CPF--high-efficiency truck users [2,500]
forum (HTUF).
.................................. CPF--structural thermoplastics [4,500]
large-scale low-cost tooling
solutions.
.................................. Light detection and ranging [2,500]
(LiDAR) technology.
.................................. Program increase--prototyping [8,000]
energy smart autonomous ground
systems.
.................................. Tactical behaviors for autonomous [3,000]
maneuver.
013 0602146A NETWORK C3I TECHNOLOGY............ 84,606 120,406
.................................. Alternative PNT................... [8,000]
.................................. CPF--future nano- and micro- [6,800]
fabrication - Advanced Materials
Engineering Research Institute.
.................................. CPF--multiple drone, multiple [5,000]
sensor ISR capabilities.
.................................. Distributed radio frequency sensor/ [8,000]
effector technology for strategic
defense.
.................................. Intelligent electronic protection [6,000]
technologies.
.................................. UAS sensor research............... [2,000]
014 0602147A LONG RANGE PRECISION FIRES 64,285 67,285
TECHNOLOGY.
.................................. Program increase--novel printed [3,000]
armaments components.
015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 91,411 91,411
016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 72,566
.................................. Advancement of critical HEL [10,000]
technologies.
.................................. Counter-UAS applied research...... [5,000]
.................................. Cyber electromagnetic (CEMA) [15,000]
missile defender.
.................................. High energy laser integration..... [10,000]
.................................. Program increase--kill chain [8,000]
automation.
.................................. Program increase--precision long [5,250]
range integrated strike.
017 0602180A ARTIFICIAL INTELLIGENCE AND 15,034 15,034
MACHINE LEARNING TECHNOLOGIES.
018 0602181A ALL DOMAIN CONVERGENCE APPLIED 25,967 25,967
RESEARCH.
019 0602182A C3I APPLIED RESEARCH.............. 12,406 12,406
020 0602183A AIR PLATFORM APPLIED RESEARCH..... 6,597 16,597
.................................. High density eVTOL power source... [10,000]
021 0602184A SOLDIER APPLIED RESEARCH.......... 11,064 11,064
022 0602213A C3I APPLIED CYBER................. 12,123 12,123
023 0602386A BIOTECHNOLOGY FOR MATERIALS-- 20,643 20,643
APPLIED RESEARCH.
024 0602785A MANPOWER/PERSONNEL/TRAINING 18,701 18,701
TECHNOLOGY.
025 0602787A MEDICAL TECHNOLOGY................ 91,720 95,720
.................................. CPF--human performance [2,000]
optimization (HPO) center.
.................................. CPF--suicide prevention with focus [2,000]
on rural, remote, isolated, and
OCONUS locations.
.................................. SUBTOTAL APPLIED RESEARCH......... 914,288 1,100,838
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603002A MEDICAL ADVANCED TECHNOLOGY....... 43,804 43,804
027 0603007A MANPOWER, PERSONNEL AND TRAINING 14,273 14,273
ADVANCED TECHNOLOGY.
028 0603025A ARMY AGILE INNOVATION AND 22,231 22,231
DEMONSTRATION.
029 0603040A ARTIFICIAL INTELLIGENCE AND 909 909
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
030 0603041A ALL DOMAIN CONVERGENCE ADVANCED 17,743 17,743
TECHNOLOGY.
031 0603042A C3I ADVANCED TECHNOLOGY........... 3,151 3,151
032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 754 754
033 0603044A SOLDIER ADVANCED TECHNOLOGY....... 890 890
034 0603115A MEDICAL DEVELOPMENT............... 26,521 26,521
035 0603116A LETHALITY ADVANCED TECHNOLOGY..... 8,066 8,066
036 0603117A ARMY ADVANCED TECHNOLOGY 76,815 76,815
DEVELOPMENT.
037 0603118A SOLDIER LETHALITY ADVANCED 107,966 115,966
TECHNOLOGY.
.................................. Program increase.................. [8,000]
038 0603119A GROUND ADVANCED TECHNOLOGY........ 23,403 68,403
.................................. Additive manufacturing [14,000]
capabilities for austere
operating environments.
.................................. CPF--military operations in a [3,000]
permafrost environment.
.................................. Ground advanced technology--3D [2,000]
printed structures.
.................................. Polar research and testing........ [4,000]
[[Page H7145]]
.................................. Program increase--3D printing of [5,000]
infrastructure.
.................................. Program increase--cold weather [2,000]
research.
.................................. Program increase--entry control [5,000]
points at installations.
.................................. Program increase--graphene [2,000]
applications for military
engineering.
.................................. Program increase--rapid entry and [8,000]
sustainment for the arctic.
039 0603134A COUNTER IMPROVISED-THREAT 24,747 24,747
SIMULATION.
040 0603386A BIOTECHNOLOGY FOR MATERIALS-- 53,736 53,736
ADVANCED RESEARCH.
041 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 31,426 31,426
042 0603461A HIGH PERFORMANCE COMPUTING 189,123 229,123
MODERNIZATION PROGRAM.
.................................. Program increase.................. [40,000]
043 0603462A NEXT GENERATION COMBAT VEHICLE 164,951 179,951
ADVANCED TECHNOLOGY.
.................................. Cyber and connected vehicle [3,500]
integration research.
.................................. Program increase--combat vehicle [1,500]
lithium 6T battery development.
.................................. Robotics development.............. [5,000]
.................................. Vehicle cyber security research... [5,000]
044 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 155,867 161,867
.................................. C3I assured position, navigation, [4,000]
and timing technology.
.................................. Command post modernization........ [2,000]
045 0603464A LONG RANGE PRECISION FIRES 93,909 113,909
ADVANCED TECHNOLOGY.
.................................. Missile effects planning tool [10,000]
development.
.................................. Project AG5....................... [10,000]
046 0603465A FUTURE VERTICAL LIFT ADVANCED 179,677 187,677
TECHNOLOGY.
.................................. Program increase--20mm chaingun [8,000]
development for FLARA.
047 0603466A AIR AND MISSILE DEFENSE ADVANCED 48,826 68,826
TECHNOLOGY.
.................................. Program increase--armored combat [10,000]
vehicle HEL integration.
.................................. Program increase--missile MENTOR.. [10,000]
048 0603920A HUMANITARIAN DEMINING............. 8,649 8,649
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,297,437 1,459,437
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
049 0603305A ARMY MISSILE DEFENSE SYSTEMS 11,702 25,702
INTEGRATION.
.................................. Electro-magnetic denial and [6,000]
protect.
.................................. PNT resiliency lab................ [8,000]
050 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 18,755 20,755
.................................. Program increase--multi-function [2,000]
and multi-mission payload.
051 0603327A AIR AND MISSILE DEFENSE SYSTEMS 5,000
ENGINEERING.
.................................. Program increase--machine learning [5,000]
for integrated fires.
052 0603619A LANDMINE WARFARE AND BARRIER--ADV 50,314 48,814
DEV.
.................................. Test and evaluation excess........ [-1,500]
053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 77,373
.................................. Testing excess.................... [-2,500]
054 0603645A ARMORED SYSTEM MODERNIZATION--ADV 170,590 166,590
DEV.
.................................. Excess to need.................... [-4,000]
055 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 2,897 2,897
056 0603766A TACTICAL ELECTRONIC SURVEILLANCE 113,365 113,365
SYSTEM--ADV DEV.
057 0603774A NIGHT VISION SYSTEMS ADVANCED 18,000 21,804
DEVELOPMENT.
.................................. Soldier maneuver sensors adv dev [3,804]
lethality smart system--Army UPL.
058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 11,921 11,921
DEM/VAL.
059 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,777 3,777
060 0603801A AVIATION--ADV DEV................. 1,125,641 1,134,141
.................................. Excess to need.................... [-24,500]
.................................. Program increase--FLRAA........... [33,000]
061 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,055 7,055
ADV DEV.
062 0603807A MEDICAL SYSTEMS--ADV DEV.......... 22,071 22,071
063 0603827A SOLDIER SYSTEMS--ADVANCED 17,459 17,459
DEVELOPMENT.
064 0604017A ROBOTICS DEVELOPMENT.............. 87,198 75,048
.................................. Excess carryover.................. [-7,150]
.................................. Unjustified growth--other support [-5,000]
costs.
065 0604019A EXPANDED MISSION AREA MISSILE 50,674 43,674
(EMAM).
.................................. IFPC-HEL late contract award...... [-7,000]
067 0604035A LOW EARTH ORBIT (LEO) SATELLITE 19,638 19,638
CAPABILITY.
068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 50,548 50,548
ADV DEV.
069 0604037A TACTICAL INTEL TARGETING ACCESS 28,347 28,347
NODE (TITAN) ADV DEV.
070 0604100A ANALYSIS OF ALTERNATIVES.......... 10,091 10,091
071 0604101A SMALL UNMANNED AERIAL VEHICLE 926 926
(SUAV) (6.4).
072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 69,697 75,697
SYSTEM (FTUAS).
.................................. Army UFR--Acceleration of FTUAS... [6,000]
073 0604114A LOWER TIER AIR MISSILE DEFENSE 327,690 307,567
(LTAMD) SENSOR.
.................................. Long term power and support costs [-20,123]
ahead of need.
074 0604115A TECHNOLOGY MATURATION INITIATIVES. 270,124 180,324
.................................. Insufficient justification........ [-80,000]
.................................. Program decrease.................. [-9,800]
075 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 39,376 39,376
(M-SHORAD).
076 0604119A ARMY ADVANCED COMPONENT 189,483 189,483
DEVELOPMENT & PROTOTYPING.
077 0604120A ASSURED POSITIONING, NAVIGATION 96,679 96,679
AND TIMING (PNT).
078 0604121A SYNTHETIC TRAINING ENVIRONMENT 194,195 196,795
REFINEMENT & PROTOTYPING.
.................................. Prior-year carryover.............. [-2,000]
.................................. Program increase--multi-sensor [4,600]
terrain data capture and
processing.
079 0604134A COUNTER IMPROVISED-THREAT 13,379 13,379
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
080 0604182A HYPERSONICS....................... 300,928 300,928
081 0604403A FUTURE INTERCEPTOR................ 7,895 7,895
[[Page H7146]]
082 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 19,148 19,148
SYSTEMS ADVANCED DEVELOPMENT.
083 0604541A UNIFIED NETWORK TRANSPORT......... 35,409 35,409
084 0604644A MOBILE MEDIUM RANGE MISSILE....... 286,457 286,457
085 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,040 2,040
ACTIVITY 4).
086 0305251A CYBERSPACE OPERATIONS FORCES AND 52,988 52,988
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,806,330 3,711,161
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
089 0604201A AIRCRAFT AVIONICS................. 6,654 6,654
090 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 30,840 26,440
.................................. Early to need..................... [-4,400]
091 0604601A INFANTRY SUPPORT WEAPONS.......... 67,873 72,873
.................................. Program increase--turret gunner [5,000]
survivability and simulation
environment.
092 0604604A MEDIUM TACTICAL VEHICLES.......... 11,374 11,374
093 0604611A JAVELIN........................... 7,094 7,094
094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 31,602 30,077
.................................. Leader/follower test support ahead [-1,525]
of need.
095 0604633A AIR TRAFFIC CONTROL............... 4,405 4,405
096 0604642A LIGHT TACTICAL WHEELED VEHICLES... 2,055 7,655
.................................. Army UFR--Electric light [5,600]
reconnaissance vehicle.
097 0604645A ARMORED SYSTEMS MODERNIZATION 137,256 135,506
(ASM)--ENG DEV.
.................................. Government support excess......... [-1,750]
098 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,690 112,690
.................................. Transfer from Other Procurement, [50,000]
Army line 83.
099 0604713A COMBAT FEEDING, CLOTHING, AND 1,658 1,658
EQUIPMENT.
100 0604715A NON-SYSTEM TRAINING DEVICES--ENG 26,540 26,540
DEV.
101 0604741A AIR DEFENSE COMMAND, CONTROL AND 59,518 59,518
INTELLIGENCE--ENG DEV.
102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 22,331 22,331
DEVELOPMENT.
103 0604746A AUTOMATIC TEST EQUIPMENT 8,807 8,807
DEVELOPMENT.
104 0604760A DISTRIBUTIVE INTERACTIVE 7,453 7,453
SIMULATIONS (DIS)--ENG DEV.
107 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,534 21,534
EVALUATION.
108 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 309,778 306,722
.................................. C-DAEM overestimation............. [-3,056]
109 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 59,261 52,261
ENG DEV.
.................................. Excess carryover.................. [-7,000]
110 0604805A COMMAND, CONTROL, COMMUNICATIONS 20,121 20,121
SYSTEMS--ENG DEV.
111 0604807A MEDICAL MATERIEL/MEDICAL 44,424 44,424
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
112 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 14,137 9,137
.................................. Insufficient justification........ [-5,000]
113 0604818A ARMY TACTICAL COMMAND & CONTROL 162,704 162,704
HARDWARE & SOFTWARE.
114 0604820A RADAR DEVELOPMENT................. 127,919 127,919
115 0604822A GENERAL FUND ENTERPRISE BUSINESS 17,623 17,623
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,454 6,454
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 106,354 127,354
SYSTEMS--EMD.
.................................. Army UFR--Active protection [21,000]
systems for Bradley and Stryker.
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168
.................................. GFIM unjustified growth........... [-2,000]
121 0605018A INTEGRATED PERSONNEL AND PAY 76,936 58,736
SYSTEM-ARMY (IPPS-A).
.................................. Program decrease.................. [-18,200]
122 0605028A ARMORED MULTI-PURPOSE VEHICLE 35,560 35,560
(AMPV).
124 0605030A JOINT TACTICAL NETWORK CENTER 16,364 16,364
(JTNC).
125 0605031A JOINT TACTICAL NETWORK (JTN)...... 28,954 28,954
128 0605035A COMMON INFRARED COUNTERMEASURES 16,630 16,630
(CIRCM).
130 0605038A NUCLEAR BIOLOGICAL CHEMICAL 7,618 7,618
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 18,892 13,892
.................................. Cyber situational understanding [-5,000]
reduction.
132 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,849 28,849
(LOW-TIER).
133 0605047A CONTRACT WRITING SYSTEM........... 22,960 20,960
.................................. Program reduction................. [-2,000]
135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603
136 0605052A INDIRECT FIRE PROTECTION 233,512 233,512
CAPABILITY INC 2--BLOCK 1.
137 0605053A GROUND ROBOTICS................... 18,241 18,241
138 0605054A EMERGING TECHNOLOGY INITIATIVES... 254,945 254,945
139 0605143A BIOMETRICS ENABLING CAPABILITY 4,326 4,326
(BEC).
140 0605144A NEXT GENERATION LOAD DEVICE-- 15,616 15,616
MEDIUM.
141 0605145A MEDICAL PRODUCTS AND SUPPORT 962 962
SYSTEMS DEVELOPMENT.
142 0605148A TACTICAL INTEL TARGETING ACCESS 54,972 54,972
NODE (TITAN) EMD.
143 0605203A ARMY SYSTEM DEVELOPMENT & 122,175 122,175
DEMONSTRATION.
144 0605205A SMALL UNMANNED AERIAL VEHICLE 2,275 2,275
(SUAV) (6.5).
145 0605224A MULTI-DOMAIN INTELLIGENCE......... 9,313 9,313
146 0605225A SIO CAPABILITY DEVELOPMENT........ 22,713 22,713
147 0605231A PRECISION STRIKE MISSILE (PRSM)... 188,452 188,452
148 0605232A HYPERSONICS EMD................... 111,473 111,473
149 0605233A ACCESSIONS INFORMATION ENVIRONMENT 18,790 18,790
(AIE).
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134
151 0605457A ARMY INTEGRATED AIR AND MISSILE 157,873 157,873
DEFENSE (AIAMD).
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 33,386 33,386
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 225,106 203,106
.................................. Excess carryover.................. [-10,000]
.................................. Unjustified growth--other support [-7,000]
costs.
.................................. Unjustified growth--program [-5,000]
management.
154 0605766A NATIONAL CAPABILITIES INTEGRATION 14,454 14,454
(MIP).
[[Page H7147]]
155 0605812A JOINT LIGHT TACTICAL VEHICLE 2,564 2,564
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,201 1,201
157 0303032A TROJAN--RH12...................... 3,362 3,362
161 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 75,520 75,520
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,392,358 3,402,027
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
162 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,439 18,439
163 0604258A TARGET SYSTEMS DEVELOPMENT........ 17,404 17,404
164 0604759A MAJOR T&E INVESTMENT.............. 68,139 68,139
165 0605103A RAND ARROYO CENTER................ 33,126 33,126
166 0605301A ARMY KWAJALEIN ATOLL.............. 240,877 240,877
167 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 79,710 79,710
169 0605601A ARMY TEST RANGES AND FACILITIES... 354,227 354,227
170 0605602A ARMY TECHNICAL TEST 49,253 49,253
INSTRUMENTATION AND TARGETS.
171 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,389 36,389
172 0605606A AIRCRAFT CERTIFICATION............ 2,489 2,489
173 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,689 6,689
ACTIVITIES.
174 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,558 21,558
175 0605709A EXPLOITATION OF FOREIGN ITEMS..... 13,631 13,631
176 0605712A SUPPORT OF OPERATIONAL TESTING.... 55,122 55,122
177 0605716A ARMY EVALUATION CENTER............ 65,854 65,854
178 0605718A ARMY MODELING & SIM X-CMD 2,633 2,633
COLLABORATION & INTEG.
179 0605801A PROGRAMWIDE ACTIVITIES............ 96,589 96,589
180 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,808 26,808
181 0605805A MUNITIONS STANDARDIZATION, 43,042 48,042
EFFECTIVENESS AND SAFETY.
.................................. Program increase--polymer case [5,000]
ammunition.
182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,789 1,789
MGMT SUPPORT.
183 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 52,108 52,108
R&D - MHA.
185 0606002A RONALD REAGAN BALLISTIC MISSILE 80,952 80,952
DEFENSE TEST SITE.
186 0606003A COUNTERINTEL AND HUMAN INTEL 5,363 5,363
MODERNIZATION.
187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 39,041 39,041
188 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,466 5,466
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,416,698 1,421,698
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 12,314 12,314
191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,868 8,868
192 0607131A WEAPONS AND MUNITIONS PRODUCT 22,828 30,828
IMPROVEMENT PROGRAMS.
.................................. Agile manufacturing for advanced [8,000]
armament systems.
194 0607136A BLACKHAWK PRODUCT IMPROVEMENT 4,773 4,773
PROGRAM.
195 0607137A CHINOOK PRODUCT IMPROVEMENT 52,372 70,372
PROGRAM.
.................................. CH-47 Chinook cargo on/off loading [8,000]
system.
.................................. Program increase--T55-714C [10,000]
acceleration.
196 0607139A IMPROVED TURBINE ENGINE PROGRAM... 275,024 315,024
.................................. Army improved turbine engine [40,000]
program.
197 0607142A AVIATION ROCKET SYSTEM PRODUCT 12,417 12,417
IMPROVEMENT AND DEVELOPMENT.
198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 4,594 4,594
PRODUCTS.
199 0607145A APACHE FUTURE DEVELOPMENT......... 10,067 25,067
.................................. Program increase.................. [15,000]
200 0607148A AN/TPQ-53 COUNTERFIRE TARGET 56,681 56,681
ACQUISITION RADAR SYSTEM.
201 0607150A INTEL CYBER DEVELOPMENT........... 3,611 12,471
.................................. Army UFR--Cyber-Info Dominance [8,860]
Center.
202 0607312A ARMY OPERATIONAL SYSTEMS 28,029 28,029
DEVELOPMENT.
203 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 5,673 5,673
204 0607665A FAMILY OF BIOMETRICS.............. 1,178 1,178
205 0607865A PATRIOT PRODUCT IMPROVEMENT....... 125,932 125,932
206 0203728A JOINT AUTOMATED DEEP OPERATION 25,547 25,547
COORDINATION SYSTEM (JADOCS).
207 0203735A COMBAT VEHICLE IMPROVEMENT 211,523 276,523
PROGRAMS.
.................................. Program increase--Abrams [65,000]
modernization.
208 0203743A 155MM SELF-PROPELLED HOWITZER 213,281 208,136
IMPROVEMENTS.
.................................. Excess carryover.................. [-5,145]
210 0203752A AIRCRAFT ENGINE COMPONENT 132 132
IMPROVEMENT PROGRAM.
211 0203758A DIGITIZATION...................... 3,936 3,936
212 0203801A MISSILE/AIR DEFENSE PRODUCT 127 127
IMPROVEMENT PROGRAM.
213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,265 10,265
PROGRAMS.
214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 262 262
OPERATIONAL SYSTEM DEV.
215 0205456A LOWER TIER AIR AND MISSILE DEFENSE 182 182
(AMD) SYSTEM.
216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 63,937 63,937
SYSTEM (GMLRS).
217 0208053A JOINT TACTICAL GROUND SYSTEM...... 13,379 13,379
219 0303028A SECURITY AND INTELLIGENCE 24,531 24,531
ACTIVITIES.
220 0303140A INFORMATION SYSTEMS SECURITY 15,720 11,720
PROGRAM.
.................................. Carryover......................... [-4,000]
221 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 52,739 61,739
.................................. Army UFR--ERP convergence/ [9,000]
modernization.
222 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 15,247 15,247
226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430
227 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 8,410 8,410
228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 24,460 24,460
233 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,066 2,066
[[Page H7148]]
234 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,720 76,720
ACTIVITIES.
.................................. Digital night vision cameras...... [15,000]
.................................. SUBTOTAL UNDISTRIBUTED............ 169,715
999 9999999999 CLASSIFIED PROGRAMS............... 2,993 2,993
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,380,248 1,549,963
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
237 0608041A DEFENSIVE CYBER--SOFTWARE 118,811 118,811
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 118,811 118,811
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 12,799,645 13,312,957
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 117,448 167,448
.................................. Defense university research [20,000]
instrumentation program.
.................................. University research programs...... [30,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 23,399
RESEARCH.
.................................. Program increase.................. [23,399]
003 0601153N DEFENSE RESEARCH SCIENCES......... 484,421 489,406
.................................. CPF--Digital twins for Navy [1,985]
maintenance.
.................................. Program increase.................. [3,000]
.................................. SUBTOTAL BASIC RESEARCH........... 601,869 680,253
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 23,013 31,013
.................................. Program increase--multi-mission [8,000]
UAV-borne electronic attack.
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,888 138,388
.................................. Relative positioning of autonomous [3,000]
platforms.
.................................. Resilient Innovative Sustainable [2,000]
Economies via University
Partnerships (RISE-UP).
.................................. Talent and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 51,112 58,612
TECHNOLOGY.
.................................. Program increase--unmanned [7,500]
logistics solutions.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,477 51,477
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,547 78,547
RESEARCH.
.................................. Anti-corrosion nanotechnologies... [3,000]
.................................. High mobility ground robots to [5,000]
assist dismounted infantry in
urban operations.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 85,157 85,157
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 70,086 70,086
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,405 6,405
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,484 98,984
.................................. Academic partnerships for undersea [16,500]
vehicle research and
manufacturing.
.................................. Continuous distributed sensing [4,000]
systems.
.................................. CPF--connected AI for autonomous [5,000]
UUV systems.
.................................. CPF--persistent maritime [5,000]
surveillance.
.................................. Program increase--undersea warfare [11,000]
applied research ocean aero.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,356 193,356
RESEARCH.
.................................. Program increase--long endurance, [20,000]
autonomous mobile acoustic
detection systems.
014 0602782N MINE AND EXPEDITIONARY WARFARE 32,160 32,160
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 152,976 152,976
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 79,254 79,254
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 975,915 1,076,415
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 21,661 21,661
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,146 8,146
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 224,155 274,055
DEMONSTRATION (ATD).
.................................. Marine Corps UFR--Maritime [5,300]
Targeting Cell-Expeditionary.
.................................. Marine Corps UFR--Unmanned [10,000]
adversary technology investment.
.................................. Next generation logistics-- [9,600]
autonomous littoral connector.
.................................. Program increase--low-cost [25,000]
atrittable aircraft technology.
020 0603651M JOINT NON-LETHAL WEAPONS 13,429 13,429
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 265,299 265,299
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 57,236 57,236
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,935 4,935
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 47,167 47,167
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,981 1,981
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,779 153,779
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Attritable group III ultra-long [10,000]
endurance unmanned aircraft for
persistent ISR.
.................................. Program increase--railgun......... [10,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 777,788 847,688
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 16,879 16,879
028 0603178N MEDIUM AND LARGE UNMANNED SURFACE 144,846 102,846
VEHICLES (USVS).
.................................. LUSV integrated combat system [-42,000]
early to need.
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 27,849 27,849
030 0603216N AVIATION SURVIVABILITY............ 16,815 16,815
031 0603239N NAVAL CONSTRUCTION FORCES......... 5,290 5,290
033 0603254N ASW SYSTEMS DEVELOPMENT........... 17,612 17,612
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,111 3,111
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310
[[Page H7149]]
036 0603502N SURFACE AND SHALLOW WATER MINE 58,013 58,013
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 1,862 1,862
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,182 7,182
039 0603525N PILOT FISH........................ 408,087 408,087
040 0603527N RETRACT LARCH..................... 44,197 44,197
041 0603536N RETRACT JUNIPER................... 144,541 144,541
042 0603542N RADIOLOGICAL CONTROL.............. 761 761
043 0603553N SURFACE ASW....................... 1,144 1,144
044 0603561N ADVANCED SUBMARINE SYSTEM 99,782 99,782
DEVELOPMENT.
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 111,590 111,590
047 0603564N SHIP PRELIMINARY DESIGN & 106,957 106,957
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 203,572 203,572
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122
050 0603576N CHALK EAGLE....................... 80,270 80,270
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 84,924 84,924
052 0603582N COMBAT SYSTEM INTEGRATION......... 17,322 17,322
053 0603595N OHIO REPLACEMENT.................. 296,231 303,731
.................................. Program increase--composites [7,500]
development.
054 0603596N LCS MISSION MODULES............... 75,995 75,995
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 7,805 7,805
056 0603599N FRIGATE DEVELOPMENT............... 109,459 109,459
057 0603609N CONVENTIONAL MUNITIONS............ 7,296 7,296
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 77,065 67,707
SYSTEM.
.................................. Armored reconnaissance vehicle GFE [-4,400]
excess to need.
.................................. Armored reconnaissance vehicle [-4,958]
testing early to need.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 34,785 34,785
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 8,774 8,774
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 20,677 20,677
062 0603724N NAVY ENERGY PROGRAM............... 33,824 43,824
.................................. AR3P auto refueling system........ [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 6,327 6,327
064 0603734N CHALK CORAL....................... 579,389 579,389
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 669 669
066 0603746N RETRACT MAPLE..................... 295,295 295,295
067 0603748N LINK PLUMERIA..................... 692,280 692,280
068 0603751N RETRACT ELM....................... 83,904 83,904
069 0603764M LINK EVERGREEN.................... 221,253 264,453
.................................. Marine Corps UFR--Additional [43,200]
development.
071 0603790N NATO RESEARCH AND DEVELOPMENT..... 5,805 5,805
072 0603795N LAND ATTACK TECHNOLOGY............ 4,017 4,017
073 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 29,589 29,589
074 0603860N JOINT PRECISION APPROACH AND 24,450 24,450
LANDING SYSTEMS--DEM/VAL.
075 0603925N DIRECTED ENERGY AND ELECTRIC 81,803 81,803
WEAPON SYSTEMS.
076 0604014N F/A -18 INFRARED SEARCH AND TRACK 48,793 48,793
(IRST).
077 0604027N DIGITAL WARFARE OFFICE............ 46,769 55,752
.................................. Navy UFR--Accelerate Naval [8,983]
Tactical Grid Development for
Joint All-Domain Command and
Control (JADC2).
078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 84,676 84,676
VEHICLES.
079 0604029N UNMANNED UNDERSEA VEHICLE CORE 59,299 59,299
TECHNOLOGIES.
081 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 88,063 81,407
.................................. Contract award excess to need..... [-6,656]
082 0604112N GERALD R. FORD CLASS NUCLEAR 121,509 121,509
AIRCRAFT CARRIER (CVN 78--80).
083 0604126N LITTORAL AIRBORNE MCM............. 18,669 15,187
.................................. COBRA Block II early to need...... [-3,482]
084 0604127N SURFACE MINE COUNTERMEASURES...... 13,655 13,655
085 0604272N TACTICAL AIR DIRECTIONAL INFRARED 33,246 33,246
COUNTERMEASURES (TADIRCM).
086 0604289M NEXT GENERATION LOGISTICS......... 1,071 1,071
087 0604292N FUTURE VERTICAL LIFT (MARITIME 9,825 9,825
STRIKE).
088 0604320M RAPID TECHNOLOGY CAPABILITY 6,555 6,555
PROTOTYPE.
089 0604454N LX (R)............................ 3,344 3,344
090 0604536N ADVANCED UNDERSEA PROTOTYPING..... 58,473 51,283
.................................. Test and evaluation excess to need [-7,190]
091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,529 5,529
(C-UAS).
092 0604659N PRECISION STRIKE WEAPONS 97,944 97,944
DEVELOPMENT PROGRAM.
093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,340 9,340
ARCHITECTURE/ENGINEERING SUPPORT.
094 0604786N OFFENSIVE ANTI-SURFACE WARFARE 127,756 104,756
WEAPON DEVELOPMENT.
.................................. Project 3343 lack of program [-23,000]
justification.
095 0605512N MEDIUM UNMANNED SURFACE VEHICLES 60,028 60,028
(MUSVS)).
096 0605513N UNMANNED SURFACE VEHICLE ENABLING 170,838 123,838
CAPABILITIES.
.................................. USV machinery qualification [-47,000]
insufficient justification.
097 0605514M GROUND BASED ANTI-SHIP MISSILE 102,716 102,716
(MARFORRES).
098 0605516M LONG RANGE FIRES (MARFORRES)...... 88,479 88,479
099 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,372,340 1,498,340
.................................. Navy UFR--Additional CPS [126,000]
development.
100 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 8,571 8,571
101 0304240M ADVANCED TACTICAL UNMANNED 16,204 23,204
AIRCRAFT SYSTEM.
.................................. Program increase--K-max unmanned [7,000]
logistics system.
102 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 506 506
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 7,077,987 7,141,984
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
[[Page H7150]]
103 0603208N TRAINING SYSTEM AIRCRAFT.......... 5,864 5,864
104 0604212N OTHER HELO DEVELOPMENT............ 56,444 49,312
.................................. Attack and utility replacement [-7,132]
aircraft excess studies and
analysis.
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 10,146 10,146
106 0604215N STANDARDS DEVELOPMENT............. 4,082 4,082
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 46,418 54,418
DEVELOPMENT.
.................................. Program increase--MH-60 [8,000]
modernization.
108 0604221N P-3 MODERNIZATION PROGRAM......... 579 579
109 0604230N WARFARE SUPPORT SYSTEM............ 10,167 10,167
110 0604231N COMMAND AND CONTROL SYSTEMS....... 122,913 122,913
111 0604234N ADVANCED HAWKEYE.................. 386,860 386,860
112 0604245M H-1 UPGRADES...................... 50,158 50,158
113 0604261N ACOUSTIC SEARCH SENSORS........... 46,066 46,066
114 0604262N V-22A............................. 107,984 107,984
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 22,746 22,746
116 0604269N EA-18............................. 68,425 68,425
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 139,535 136,593
.................................. Dual band decoy previously funded. [-2,942]
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,932 45,932
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 243,923 235,423
.................................. Test and evaluation delays........ [-8,500]
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 234,434 243,417
(JTRS-NAVY).
.................................. Navy tactical grid development for [8,983]
JADC2.
121 0604282N NEXT GENERATION JAMMER (NGJ) 248,096 230,100
INCREMENT II.
.................................. Contract delays................... [-17,996]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 371,575 371,575
ENGINEERING.
123 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 904 904
124 0604329N SMALL DIAMETER BOMB (SDB)......... 46,769 46,769
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 343,511 343,511
126 0604373N AIRBORNE MCM...................... 10,881 10,881
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 46,121 52,621
COUNTER AIR SYSTEMS ENGINEERING.
.................................. Program increase--stratospheric [6,500]
balloons.
128 0604419N ADVANCED SENSORS APPLICATION 15,000
PROGRAM (ASAP).
.................................. Program increase.................. [15,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 77,852 77,852
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 95,693 95,693
131 0604504N AIR CONTROL....................... 27,499 27,499
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 8,924 8,924
133 0604518N COMBAT INFORMATION CENTER 11,631 11,631
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 96,556 96,556
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 147 147
136 0604558N NEW DESIGN SSN.................... 503,252 603,252
.................................. SSN Block VI design and advanced [100,000]
capabilities.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,115 62,115
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 54,829 54,829
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,290 4,290
140 0604601N MINE DEVELOPMENT.................. 76,027 65,646
.................................. Encapsulated effector contract [-10,381]
delays.
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 94,386 94,386
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,348 8,348
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 42,144 42,144
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,375 7,375
AND HUMAN FACTORS.
146 0604755N SHIP SELF DEFENSE (DETECT & 149,433 149,433
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 87,862 84,488
KILL).
.................................. Project 0173 MK9 CWTI replacement [-3,374]
delay.
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 69,006 69,006
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 20,684 20,684
150 0604771N MEDICAL DEVELOPMENT............... 3,967 11,467
.................................. Program increase--autonomous [7,500]
aerial technology for distributed
logistics.
151 0604777N NAVIGATION/ID SYSTEM.............. 48,837 48,837
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 577 577
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 262 262
154 0604850N SSN(X)............................ 29,829 29,829
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892
.................................. Contract writing systems reduction [-3,936]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,426 8,426
158 0605180N TACAMO MODERNIZATION.............. 150,592 90,472
.................................. Unjustified air vehicle [-60,120]
acquisition strategy.
159 0605212M CH-53K RDTE....................... 256,903 256,903
160 0605215N MISSION PLANNING.................. 88,128 88,128
161 0605217N COMMON AVIONICS................... 60,117 92,017
.................................. Marine Corps UFR--MANGL Digital [31,900]
Interoperability.
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 6,320 6,320
163 0605327N T-AO 205 CLASS.................... 4,336 4,336
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 268,937 268,937
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 27,279 27,279
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 173,784 173,784
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 80,709 80,709
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,005 2,005
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 112,576 112,576
[[Page H7151]]
174 0304785N ISR & INFO OPERATIONS............. 136,140 133,781
.................................. Program decrease.................. [-2,359]
175 0306250M CYBER OPERATIONS TECHNOLOGY 26,318 26,318
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,910,089 5,971,232
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
176 0604256N THREAT SIMULATOR DEVELOPMENT...... 20,862 20,862
177 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,113 12,113
178 0604759N MAJOR T&E INVESTMENT.............. 84,617 84,617
179 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,108 3,108
180 0605154N CENTER FOR NAVAL ANALYSES......... 38,590 38,590
183 0605804N TECHNICAL INFORMATION SERVICES.... 934 934
184 0605853N MANAGEMENT, TECHNICAL & 93,966 93,966
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,538 3,538
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 135,149 135,149
187 0605864N TEST AND EVALUATION SUPPORT....... 429,277 429,277
188 0605865N OPERATIONAL TEST AND EVALUATION 24,872 24,872
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 17,653 17,653
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,065 8,065
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 47,042 44,042
.................................. Wargaming capability project [-3,000]
restructured.
192 0605898N MANAGEMENT HQ--R&D................ 35,614 35,614
193 0606355N WARFARE INNOVATION MANAGEMENT..... 38,958 38,958
194 0305327N INSIDER THREAT.................... 2,581 2,581
195 0902498N MANAGEMENT HEADQUARTERS 1,747 1,747
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 998,686 995,686
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604840M F-35 C2D2......................... 515,746 515,746
200 0604840N F-35 C2D2......................... 481,962 481,962
201 0605520M MARINE CORPS AIR DEFENSE WEAPONS 65,381 65,381
SYSTEMS (MARFORRES).
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 176,486 176,486
(CEC).
203 0101221N STRATEGIC SUB & WEAPONS SYSTEM 177,098 198,998
SUPPORT.
.................................. D5LE2 integration and test early [-2,100]
to need.
.................................. Next generation strategic inertial [9,000]
measurement unit.
.................................. Strategic weapons system shipboard [15,000]
navigation modernization.
204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,775 45,775
205 0101226N SUBMARINE ACOUSTIC WARFARE 64,752 64,752
DEVELOPMENT.
206 0101402N NAVY STRATEGIC COMMUNICATIONS..... 35,451 35,451
207 0204136N F/A-18 SQUADRONS.................. 189,224 196,224
.................................. Program increase--neural network [3,000]
algorithms on advanced processors.
.................................. Program increase--noise reduction [4,000]
research.
208 0204228N SURFACE SUPPORT................... 13,733 13,733
209 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,181 132,181
PLANNING CENTER (TMPC).
210 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 84,276 84,276
211 0204313N SHIP-TOWED ARRAY SURVEILLANCE 6,261 6,261
SYSTEMS.
212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,657 1,657
(DISPLACEMENT CRAFT).
213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 21,367 68,367
ATOR).
.................................. Marine Corps UFR--Air traffic [23,000]
control Block IV development.
.................................. Marine Corps UFR--Radar signal [12,000]
processor refresh.
.................................. Marine Corps UFR--Software mods to [12,000]
implement NIFC.
214 0204571N CONSOLIDATED TRAINING SYSTEMS 56,741 56,741
DEVELOPMENT.
215 0204575N ELECTRONIC WARFARE (EW) READINESS 62,006 62,006
SUPPORT.
216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 125,823
.................................. Program decrease.................. [-7,697]
217 0205620N SURFACE ASW COMBAT SYSTEM 28,804 28,804
INTEGRATION.
218 0205632N MK-48 ADCAP....................... 114,492 114,492
219 0205633N AVIATION IMPROVEMENTS............. 132,486 132,486
220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 113,760 113,760
221 0206313M MARINE CORPS COMMUNICATIONS 89,897 92,697
SYSTEMS.
.................................. Compact solid state antenna--USMC [2,800]
UPL.
222 0206335M COMMON AVIATION COMMAND AND 9,324 12,824
CONTROL SYSTEM (CAC2S).
.................................. Marine Corps UFR--Software [3,500]
development for NIFC integration.
223 0206623M MARINE CORPS GROUND COMBAT/ 108,235 108,235
SUPPORTING ARMS SYSTEMS.
224 0206624M MARINE CORPS COMBAT SERVICES 13,185 13,185
SUPPORT.
225 0206625M USMC INTELLIGENCE/ELECTRONIC 37,695 44,295
WARFARE SYSTEMS (MIP).
.................................. Marine Corps UFR--G-BOSS High [3,700]
Definition modernization.
.................................. Marine Corps UFR--SCINet [2,900]
transition.
226 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 7,551 7,551
227 0207161N TACTICAL AIM MISSILES............. 23,881 23,881
228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 32,564 32,564
MISSILE (AMRAAM).
229 0208043N PLANNING AND DECISION AID SYSTEM 3,101 3,101
(PDAS).
234 0303138N AFLOAT NETWORKS................... 30,890 35,690
.................................. Navy UFR--Accelerate Naval [4,800]
Tactical Grid Development for
Joint All-Domain Command and
Control (JADC2).
235 0303140N INFORMATION SYSTEMS SECURITY 33,311 33,311
PROGRAM.
236 0305192N MILITARY INTELLIGENCE PROGRAM 7,514 7,514
(MIP) ACTIVITIES.
237 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,837 9,837
238 0305205N UAS INTEGRATION AND 9,797 9,797
INTEROPERABILITY.
239 0305208M DISTRIBUTED COMMON GROUND/SURFACE 38,800 38,800
SYSTEMS.
240 0305220N MQ-4C TRITON...................... 13,029 13,029
241 0305231N MQ-8 UAV.......................... 26,543 26,543
[[Page H7152]]
242 0305232M RQ-11 UAV......................... 533 533
243 0305234N SMALL (LEVEL 0) TACTICAL UAS 1,772 1,772
(STUASL0).
245 0305241N MULTI-INTELLIGENCE SENSOR 59,252 59,252
DEVELOPMENT.
246 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,274 9,274
PAYLOADS (MIP).
247 0305251N CYBERSPACE OPERATIONS FORCES AND 36,378 36,378
FORCE SUPPORT.
248 0305421N RQ-4 MODERNIZATION................ 134,323 134,323
249 0307577N INTELLIGENCE MISSION DATA (IMD)... 907 907
250 0308601N MODELING AND SIMULATION SUPPORT... 9,772 9,772
251 0702207N DEPOT MAINTENANCE (NON-IF)........ 36,880 41,880
.................................. CPF--defense industrial skills and [5,000]
technology training.
252 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,329 3,329
999 9999999999 CLASSIFIED PROGRAMS............... 1,872,586 1,872,586
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,313,319 5,404,222
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
254 0608013N RISK MANAGEMENT INFORMATION-- 13,703 13,703
SOFTWARE PILOT PROGRAM.
255 0608113N NAVY NEXT GENERATION ENTERPRISE 955,151 955,151
NETWORK (NGEN)--SOFTWARE PILOT
PROGRAM.
256 0608231N MARITIME TACTICAL COMMAND AND 14,855 14,855
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 983,709 983,709
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 22,639,362 23,101,189
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 328,303 347,823
.................................. Program increase--basic research.. [19,520]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 162,403 193,903
.................................. CPF--neural-enabled prosthetics... [1,500]
.................................. University research programs...... [30,000]
.................................. SUBTOTAL BASIC RESEARCH........... 490,706 541,726
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 79,901 79,901
RESEARCH.
005 0602102F MATERIALS......................... 113,460 145,460
.................................. Continuous composites 3D printing. [7,000]
.................................. CPF--affordable multifunctional [10,000]
aerospace composites.
.................................. Digital maintenance advisor....... [5,000]
.................................. High energy synchrotron x-ray [5,000]
research.
.................................. Maturation of carbon/carbon [5,000]
thermal protection systems.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 163,032 170,532
.................................. Ground test and development of [5,000]
hypersonic engines.
.................................. Nano-UAS for the military [2,500]
warfighter.
007 0602202F HUMAN EFFECTIVENESS APPLIED 136,273 136,273
RESEARCH.
008 0602203F AEROSPACE PROPULSION.............. 174,683 181,683
.................................. Low-cost small turbine engine [7,000]
research.
009 0602204F AEROSPACE SENSORS................. 198,918 461,918
.................................. Chip-locking microelectronics [6,000]
security.
.................................. Cyber assurance and assessment of [7,000]
electronic hardware systems.
.................................. Microelectronics research network. [250,000]
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,891 8,891
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 151,757 151,757
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 111,052 113,552
.................................. CPF--directed energy research and [2,500]
education for workforce
development.
014 0602788F DOMINANT INFORMATION SCIENCES AND 169,110 181,110
METHODS.
.................................. CPF--assessment of a national [2,000]
laboratory for transformational
computing.
.................................. Program increase--quantum network [10,000]
testbed.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,307,077 1,631,077
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603032F FUTURE AF INTEGRATED TECHNOLOGY 131,643 187,643
DEMOS.
.................................. Procure Valkyrie aircraft......... [75,000]
.................................. Program reduction................. [-19,000]
018 0603112F ADVANCED MATERIALS FOR WEAPON 31,905 41,905
SYSTEMS.
.................................. Metals affordability research..... [10,000]
019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 21,057 21,057
(S&T).
020 0603203F ADVANCED AEROSPACE SENSORS........ 45,464 54,764
.................................. Authorization software for [9,300]
autonomous sensors.
021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 70,486 85,486
.................................. Enhanced capability hypersonic [15,000]
airbreathing testbed.
022 0603216F AEROSPACE PROPULSION AND POWER 75,273 159,773
TECHNOLOGY.
.................................. CPF--development of advanced [5,000]
propulsion technologies for
hypersonic systems.
.................................. Ground testing of reusable high [20,000]
mach turbine engines.
.................................. Next generation UAS propulsion [30,000]
development.
.................................. Reusable high mach turbine engine. [29,500]
023 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 46,591 46,591
026 0603456F HUMAN EFFECTIVENESS ADVANCED 24,589 24,589
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 157,423 157,423
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 28,258 33,258
.................................. Program increase--LIDAR CUAS [5,000]
automated target recognition.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 45,259 157,259
.................................. Aerospace and defense supply [6,000]
ecosystem.
[[Page H7153]]
.................................. CPF--additive manufacturing and [5,000]
ultra-high performance concrete.
.................................. Program increase.................. [70,000]
.................................. Smart manufacturing digital thread [10,000]
initiative.
.................................. Sustainment and modernization [7,000]
research and development program.
.................................. Universal robotic controller...... [6,000]
.................................. Virtual, augmented, and mixed [8,000]
reality readiness.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,772 56,772
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 734,720 1,026,520
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,795 5,795
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,939 21,939
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,114 4,114
034 0603851F INTERCONTINENTAL BALLISTIC 49,621 49,621
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 6,900 6,900
037 0604002F AIR FORCE WEATHER SERVICES 986 986
RESEARCH.
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 203,849 203,849
(ABMS).
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 123,712 380,712
.................................. Program increase--AETP............ [257,000]
040 0604006F ARCHITECTURE INITIATIVES.......... 82,438 128,438
.................................. Acceleration of tactical datalink [80,000]
waveform.
.................................. Program decrease.................. [-34,000]
041 0604015F LONG RANGE STRIKE--BOMBER......... 2,872,624 2,872,624
042 0604032F DIRECTED ENERGY PROTOTYPING....... 10,820 10,820
043 0604033F HYPERSONICS PROTOTYPING........... 438,378 438,378
044 0604201F PNT RESILIENCY, MODS, AND 39,742 39,742
IMPROVEMENTS.
045 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,745 23,745
046 0604288F SURVIVABLE AIRBORNE OPERATIONS 95,788 95,788
CENTER.
047 0604317F TECHNOLOGY TRANSFER............... 15,768 23,268
.................................. Program increase--academic [7,500]
partnership intermediary
agreement tech transfer.
048 0604327F HARD AND DEEPLY BURIED TARGET 15,886 15,886
DEFEAT SYSTEM (HDBTDS) PROGRAM.
049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 71,229 71,229
ACS.
050 0604776F DEPLOYMENT & DISTRIBUTION 40,103 40,103
ENTERPRISE R&D.
051 0604858F TECH TRANSITION PROGRAM........... 343,545 442,545
.................................. Blended wing body prototype phase [15,000]
1.
.................................. C-17 active winglets phase 1...... [2,000]
.................................. KC-135 winglets................... [2,000]
.................................. NORTHCOM UFR--Proliferated low [80,000]
earth orbit Arctic communications.
052 0605230F GROUND BASED STRATEGIC DETERRENT.. 2,553,541 2,553,541
054 0207110F NEXT GENERATION AIR DOMINANCE..... 1,524,667 1,524,667
055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 50,000
(3DELRR).
.................................. Build command and control [50,000]
framework.
056 0207522F AIRBASE AIR DEFENSE SYSTEMS 10,905 10,905
(ABADS).
057 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 3,943 3,943
059 0305236F COMMON DATA LINK EXECUTIVE AGENT 43,881 43,881
(CDL EA).
061 0305601F MISSION PARTNER ENVIRONMENTS...... 16,420 16,420
062 0306250F CYBER OPERATIONS TECHNOLOGY 242,499 282,499
SUPPORT.
.................................. Coordination with private sector [15,000]
to protect against foreign
malicious cyber actors.
.................................. CYBERCOM UFR enhanced attribution [25,000]
transition.
063 0306415F ENABLED CYBER ACTIVITIES.......... 16,578 16,578
066 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,343 20,343
SYSTEM.
.................................. SUBTOTAL ADVANCED COMPONENT 8,899,759 9,399,259
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 23,499 23,499
PROGRAMS.
079 0604201F PNT RESILIENCY, MODS, AND 167,520 167,520
IMPROVEMENTS.
080 0604222F NUCLEAR WEAPONS SUPPORT........... 30,050 30,050
081 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,110 2,110
082 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 169,836 169,836
083 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,469 8,469
085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 9,047 9,047
086 0604604F SUBMUNITIONS...................... 2,954 2,954
087 0604617F AGILE COMBAT SUPPORT.............. 16,603 16,603
089 0604706F LIFE SUPPORT SYSTEMS.............. 25,437 25,437
090 0604735F COMBAT TRAINING RANGES............ 23,980 34,180
.................................. Air Force combat training ranges.. [7,200]
.................................. Gulf test range improvement....... [3,000]
092 0604932F LONG RANGE STANDOFF WEAPON........ 609,042 609,042
093 0604933F ICBM FUZE MODERNIZATION........... 129,709 129,709
095 0605056F OPEN ARCHITECTURE MANAGEMENT...... 37,109 37,109
096 0605221F KC-46............................. 1 1
097 0605223F ADVANCED PILOT TRAINING........... 188,898 188,898
098 0605229F HH-60W............................ 66,355 30,506
.................................. Early to need--capability upgrades [-35,849]
and modernization.
101 0207171F F-15 EPAWSS....................... 112,012 112,012
102 0207328F STAND IN ATTACK WEAPON............ 166,570 166,570
103 0207701F FULL COMBAT MISSION TRAINING...... 7,064 12,064
.................................. Program increase--airborne [5,000]
augmented reality for pilot
training.
105 0401221F KC-46A TANKER SQUADRONS........... 73,459 67,459
.................................. Underexecution.................... [-6,000]
107 0401319F VC-25B............................ 680,665 655,665
.................................. Early to need..................... [-25,000]
[[Page H7154]]
108 0701212F AUTOMATED TEST SYSTEMS............ 15,445 15,445
109 0804772F TRAINING DEVELOPMENTS............. 4,482 4,482
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,570,316 2,518,667
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
124 0604256F THREAT SIMULATOR DEVELOPMENT...... 41,909 41,909
125 0604759F MAJOR T&E INVESTMENT.............. 130,766 130,766
126 0605101F RAND PROJECT AIR FORCE............ 36,017 36,017
128 0605712F INITIAL OPERATIONAL TEST & 12,582 12,582
EVALUATION.
129 0605807F TEST AND EVALUATION SUPPORT....... 811,032 811,032
131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 243,796 243,796
SYS.
132 0605828F ACQ WORKFORCE- GLOBAL REACH....... 435,930 435,930
133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 435,274 435,274
BUS SYS.
135 0605831F ACQ WORKFORCE- CAPABILITY 243,806 243,806
INTEGRATION.
136 0605832F ACQ WORKFORCE- ADVANCED PRGM 103,041 103,041
TECHNOLOGY.
137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 226,055 226,055
138 0605898F MANAGEMENT HQ--R&D................ 4,079 4,079
139 0605976F FACILITIES RESTORATION AND 70,788 70,788
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
140 0605978F FACILITIES SUSTAINMENT--TEST AND 30,057 30,057
EVALUATION SUPPORT.
141 0606017F REQUIREMENTS ANALYSIS AND 85,799 80,799
MATURATION.
.................................. Program decrease.................. [-5,000]
142 0606398F MANAGEMENT HQ--T&E................ 6,163 6,163
143 0303166F SUPPORT TO INFORMATION OPERATIONS 537 537
(IO) CAPABILITIES.
144 0303255F COMMAND, CONTROL, COMMUNICATION, 25,340 35,340
AND COMPUTERS (C4)--STRATCOM.
.................................. Program increase--NC3 rapid [10,000]
engineering architecture
collaboration hub.
145 0308602F ENTERPRISE INFORMATION SERVICES 28,720 28,720
(EIS).
146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211
147 0804731F GENERAL SKILL TRAINING............ 1,506 1,506
148 0804772F TRAINING DEVELOPMENTS............. 2,957 2,957
150 1001004F INTERNATIONAL ACTIVITIES.......... 2,420 2,420
156 1206864F SPACE TEST PROGRAM (STP).......... 3 3
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,015,788 3,020,788
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 5,509 5,509
TRAINING.
158 0604445F WIDE AREA SURVEILLANCE............ 2,760 2,760
160 0604840F F-35 C2D2......................... 985,404 985,404
161 0605018F AF INTEGRATED PERSONNEL AND PAY 22,010 22,010
SYSTEM (AF-IPPS).
162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 51,492 51,492
AGENCY.
163 0605117F FOREIGN MATERIEL ACQUISITION AND 71,391 71,391
EXPLOITATION.
164 0605278F HC/MC-130 RECAP RDT&E............. 46,796 46,796
165 0606018F NC3 INTEGRATION................... 26,532 26,532
167 0101113F B-52 SQUADRONS.................... 715,811 660,811
.................................. CERP rapid prototyping materiel [-55,000]
contract delay.
168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453
169 0101126F B-1B SQUADRONS.................... 29,127 29,127
170 0101127F B-2 SQUADRONS..................... 144,047 144,047
171 0101213F MINUTEMAN SQUADRONS............... 113,622 113,622
172 0101316F WORLDWIDE JOINT STRATEGIC 15,202 15,202
COMMUNICATIONS.
174 0101328F ICBM REENTRY VEHICLES............. 96,313 96,313
176 0102110F UH-1N REPLACEMENT PROGRAM......... 16,132 16,132
177 0102326F REGION/SECTOR OPERATION CONTROL 771 771
CENTER MODERNIZATION PROGRAM.
178 0102412F NORTH WARNING SYSTEM (NWS)........ 99 25,199
.................................. NORTHCOM UFR--Over the horizon [25,100]
radar.
179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300
180 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 5,889 5,889
GENERAL.
181 0205219F MQ-9 UAV.......................... 85,135 84,121
.................................. Early to need--program protection [-1,014]
technology insertion.
182 0205671F JOINT COUNTER RCIED ELECTRONIC 3,111 3,111
WARFARE.
183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 36,607 36,607
EQUIPMENT.
184 0207131F A-10 SQUADRONS.................... 39,224 39,224
185 0207133F F-16 SQUADRONS.................... 224,573 224,573
186 0207134F F-15E SQUADRONS................... 239,616 239,616
187 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,855 15,855
188 0207138F F-22A SQUADRONS................... 647,296 647,296
189 0207142F F-35 SQUADRONS.................... 69,365 69,365
190 0207146F F-15EX............................ 118,126 118,126
191 0207161F TACTICAL AIM MISSILES............. 32,974 32,974
192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,288 51,288
MISSILE (AMRAAM).
193 0207227F COMBAT RESCUE--PARARESCUE......... 852 852
194 0207247F AF TENCAP......................... 23,685 23,685
195 0207249F PRECISION ATTACK SYSTEMS 12,083 12,083
PROCUREMENT.
196 0207253F COMPASS CALL...................... 91,266 91,266
197 0207268F AIRCRAFT ENGINE COMPONENT 103,715 103,715
IMPROVEMENT PROGRAM.
198 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,325 117,325
MISSILE (JASSM).
199 0207327F SMALL DIAMETER BOMB (SDB)......... 27,109 27,109
200 0207410F AIR & SPACE OPERATIONS CENTER 3 3
(AOC).
201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875
202 0207417F AIRBORNE WARNING AND CONTROL 171,014 171,014
SYSTEM (AWACS).
203 0207418F AFSPECWAR--TACP................... 4,598 4,598
205 0207431F COMBAT AIR INTELLIGENCE SYSTEM 21,863 21,863
ACTIVITIES.
206 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,905 7,905
C4I.
[[Page H7155]]
207 0207439F ELECTRONIC WARFARE INTEGRATED 15,000 15,000
REPROGRAMMING (EWIR).
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 13,081 13,081
209 0207452F DCAPES............................ 4,305 4,305
210 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,984 1,984
211 0207522F AIRBASE AIR DEFENSE SYSTEMS 7,392 7,392
(ABADS).
212 0207573F NATIONAL TECHNICAL NUCLEAR 1,971 1,971
FORENSICS.
213 0207590F SEEK EAGLE........................ 30,539 30,539
214 0207601F USAF MODELING AND SIMULATION...... 17,110 17,110
215 0207605F WARGAMING AND SIMULATION CENTERS.. 7,535 7,535
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 32,008 32,008
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007
218 0208006F MISSION PLANNING SYSTEMS.......... 92,557 92,557
219 0208007F TACTICAL DECEPTION................ 489 489
220 0208064F OPERATIONAL HQ--CYBER............. 2,115 2,115
221 0208087F DISTRIBUTED CYBER WARFARE 72,487 72,487
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449
223 0208097F JOINT CYBER COMMAND AND CONTROL 79,079 79,079
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 101,893 101,893
228 0208288F INTEL DATA APPLICATIONS........... 493 493
229 0301025F GEOBASE........................... 2,782 2,782
231 0301113F CYBER SECURITY INTELLIGENCE 5,224 5,224
SUPPORT.
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,463 2,463
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 26,331 26,331
CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 58,165 58,165
COMMUNICATIONS NETWORK (MEECN).
242 0303140F INFORMATION SYSTEMS SECURITY 8,032 8,032
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 452 452
INITIATIVE.
244 0303248F ALL DOMAIN COMMON PLATFORM........ 64,000 64,000
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 97,546 93,546
.................................. Excess carryover--special projects [-4,000]
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,770 8,770
.................................. CPF--mobilizing civilian expertise [5,000]
for national security education
on geo-economics, and innovation
in the era of great power
competition.
251 0305020F CCMD INTELLIGENCE INFORMATION 1,663 1,663
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 18,888 15,888
DVMT (IMAD).
.................................. Excess to need.................... [-3,000]
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,672 4,672
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 290 290
255 0305111F WEATHER SERVICE................... 26,228 36,228
.................................. Program increase--commercial [10,000]
weather data pilot.
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,749 8,749
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 1,528 126,528
.................................. Unmanned adversary air platforms.. [125,000]
260 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,733 8,733
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335
265 0305202F DRAGON U-2........................ 17,146 35,846
.................................. Air Force UFR--Antenna replacement [18,700]
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 71,791 151,291
.................................. Air Force UFR--ASARS processor and [67,000]
antenna development.
.................................. Program increase--wide area motion [12,500]
imagery.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,799 14,799
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 24,568 24,568
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 83,124 83,124
271 0305221F NETWORK-CENTRIC COLLABORATIVE 17,224 17,224
TARGETING.
272 0305238F NATO AGS.......................... 19,473 19,473
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 40,421 40,421
274 0305600F INTERNATIONAL INTELLIGENCE 14,473 14,473
TECHNOLOGY AND ARCHITECTURES.
275 0305881F RAPID CYBER ACQUISITION........... 4,326 4,326
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,567 2,567
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,169 6,169
278 0401115F C-130 AIRLIFT SQUADRON............ 9,752 9,752
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 17,507 17,507
280 0401130F C-17 AIRCRAFT (IF)................ 16,360 16,360
281 0401132F C-130J PROGRAM.................... 14,112 14,112
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,540 5,540
(LAIRCM).
283 0401218F KC-135S........................... 3,564 3,564
285 0401318F CV-22............................. 17,189 17,189
286 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,640 6,640
288 0708055F MAINTENANCE, REPAIR & OVERHAUL 26,921 26,921
SYSTEM.
289 0708610F LOGISTICS INFORMATION TECHNOLOGY 7,071 7,071
(LOGIT).
291 0804743F OTHER FLIGHT TRAINING............. 1,999 1,999
293 0901202F JOINT PERSONNEL RECOVERY AGENCY... 1,841 1,841
294 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,560 3,560
295 0901220F PERSONNEL ADMINISTRATION.......... 3,368 3,368
296 0901226F AIR FORCE STUDIES AND ANALYSIS 1,248 1,248
AGENCY.
297 0901538F FINANCIAL MANAGEMENT INFORMATION 4,852 4,852
SYSTEMS DEVELOPMENT.
301 1202140F SERVICE SUPPORT TO SPACECOM 6,737 6,737
ACTIVITIES.
999 9999999999 CLASSIFIED PROGRAMS............... 15,868,973 15,868,973
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,743,006 21,943,292
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
317 0608158F STRATEGIC MISSION PLANNING AND 96,100 96,100
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
[[Page H7156]]
318 0608410F AIR & SPACE OPERATIONS CENTER 186,918 186,918
(AOC)--SOFTWARE PILOT PROGRAM.
319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 135,263 135,263
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 418,281 418,281
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 39,179,653 40,499,610
& EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 181,209 201,709
.................................. Battery cycle life improvements... [3,000]
.................................. Program increase--hybrid space [5,000]
architecture.
.................................. Program increase--radiation [5,000]
hardened microprocessor.
.................................. Program increase--university [7,500]
consortia for space technology.
.................................. SUBTOTAL APPLIED RESEARCH......... 181,209 201,709
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
002 1206616SF SPACE ADVANCED TECHNOLOGY 75,919 136,919
DEVELOPMENT/DEMO.
.................................. Space Force UFR--accelerate [61,000]
cislunar flight experiment.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 75,919 136,919
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 434,194 434,194
(USER EQUIPMENT) (SPACE).
004 1203710SF EO/IR WEATHER SYSTEMS............. 162,274 162,274
005 1203905SF SPACE SYSTEM SUPPORT.............. 37,000 37,000
006 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 61,521 61,521
007 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 123,262 130,262
.................................. Space Force UFR--Maui optical site [7,000]
008 1206427SF SPACE SYSTEMS PROTOTYPE 101,851 129,851
TRANSITIONS (SSPT).
.................................. Space Force UFR--Expand Blackjack [28,000]
radio frequency payloads.
009 1206438SF SPACE CONTROL TECHNOLOGY.......... 32,931 32,931
010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 71,546
.................................. Program increase.................. [15,000]
011 1206760SF PROTECTED TACTICAL ENTERPRISE 100,320 100,320
SERVICE (PTES).
012 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 243,285 243,285
013 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 160,056 160,056
014 1206857SF SPACE RAPID CAPABILITIES OFFICE... 66,193 66,193
.................................. SUBTOTAL ADVANCED COMPONENT 1,579,433 1,629,433
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
015 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 264,265 264,265
016 1203940SF SPACE SITUATION AWARENESS 56,279 56,279
OPERATIONS.
017 1206421SF COUNTERSPACE SYSTEMS.............. 38,063 38,063
018 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 1,438 1,438
019 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 127,026 136,026
.................................. Space Force UFR--Add space domain [9,000]
rapid innovation pathfinders.
020 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 28,218 28,218
021 1206432SF POLAR MILSATCOM (SPACE)........... 127,870 127,870
022 1206442SF NEXT GENERATION OPIR.............. 2,451,256 2,451,256
023 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,400 23,400
INTEGRATION.
024 1206853SF NATIONAL SECURITY SPACE LAUNCH 221,510 280,710
PROGRAM (SPACE)--EMD.
.................................. Maintain competition for Ph3--DOD [50,000]
unique requirements.
.................................. Space Force UFR--Liquid oxygen [9,200]
explosive tests.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,339,325 3,407,525
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
025 1206116SF SPACE TEST AND TRAINING RANGE 19,319 52,619
DEVELOPMENT.
.................................. Space Force UFR--signal emulation [33,300]
generation subsystem.
026 1206392SF ACQ WORKFORCE--SPACE & MISSILE 214,051 214,051
SYSTEMS.
027 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 12,119 12,119
MHA.
028 1206759SF MAJOR T&E INVESTMENT--SPACE....... 71,503 71,503
029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,769 21,769
(SPACE).
.................................. CPF--small rocket program......... [4,000]
030 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 50,000
.................................. Program increase.................. [50,000]
031 1206864SF SPACE TEST PROGRAM (STP).......... 20,881 20,881
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 355,642 442,942
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
033 1201017SF GLOBAL SENSOR INTEGRATED ON 4,731 4,731
NETWORK (GSIN).
034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 156,788 156,788
(FAB-T).
035 1203040SF DCO-SPACE......................... 2,150 2,150
036 1203109SF NARROWBAND SATELLITE 112,012 112,012
COMMUNICATIONS.
037 1203110SF SATELLITE CONTROL NETWORK (SPACE). 36,810 36,810
038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,966 1,966
(SPACE AND CONTROL SEGMENTS).
039 1203173SF SPACE AND MISSILE TEST AND 1,699 5,699
EVALUATION CENTER.
.................................. Space Force UFR--Improve [4,000]
operations of payload adapter.
040 1203174SF SPACE INNOVATION, INTEGRATION AND 18,054 33,354
RAPID TECHNOLOGY DEVELOPMENT.
.................................. Space Force UFR--Digitial core [15,300]
services for distributed space
test and training.
041 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,115 23,115
.................................. CPF--tactically responsive launch/ [7,000]
deployable spaceport.
.................................. Program increase.................. [5,000]
[[Page H7157]]
042 1203265SF GPS III SPACE SEGMENT............. 7,207 7,207
043 1203330SF SPACE SUPERIORITY ISR............. 18,109 18,109
044 1203620SF NATIONAL SPACE DEFENSE CENTER..... 1,280 1,280
045 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 12,292 12,292
046 1203906SF NCMC--TW/AA SYSTEM................ 9,858 9,858
047 1203913SF NUDET DETECTION SYSTEM (SPACE).... 45,887 45,887
048 1203940SF SPACE SITUATION AWARENESS 64,763 64,763
OPERATIONS.
049 1206423SF GLOBAL POSITIONING SYSTEM III-- 413,766 413,766
OPERATIONAL CONTROL SEGMENT.
053 1206770SF ENTERPRISE GROUND SERVICES........ 191,713 191,713
999 9999999999 CLASSIFIED PROGRAMS............... 4,474,809 4,680,009
.................................. Space Force UFR--classified....... [205,200]
.................................. SUBTOTAL OPERATIONAL SYSTEM 5,585,009 5,821,509
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
054 1203614SF JSPOC MISSION SYSTEM.............. 154,529 154,529
.................................. SUBTOTAL SOFTWARE & DIGITAL 154,529 154,529
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RDTE, SPACE FORCE........... 11,271,066 11,794,566
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,828 12,705
.................................. Program increase.................. [877]
002 0601101E DEFENSE RESEARCH SCIENCES......... 395,781 454,281
.................................. Adversary Influence Operations [5,000]
(IO)--detection, modeling,
mitigation.
.................................. Artificial Intelligence (AI)-- [5,000]
trustworthy, human integrated,
robust.
.................................. Biotechnology for challenging [7,000]
environments.
.................................. CPF--novel analytical and [1,500]
empirical approaches to the
prediction and monitoring of
disease transmission.
.................................. High assurance software systems-- [5,000]
resilient, adaptable, trustworthy.
.................................. Increase for DARPA-funded [15,000]
university research activities.
.................................. Program increase--ERI 2.0......... [20,000]
003 0601108D8Z HIGH ENERGY LASER RESEARCH 15,390 15,390
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 39,828 77,061
.................................. Consortium to study irregular [8,000]
warfare.
.................................. CPF--Florida Memorial University [400]
Department of Natural Sciences
STEM equipment.
.................................. CPF--SOUTHCOM Enhanced Domain [1,300]
Awareness (EDA) initiative.
.................................. DEPSCoR........................... [10,000]
.................................. Minerva management and social [13,000]
science research.
.................................. Program increase.................. [4,533]
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 76,018 86,018
SCIENCE.
.................................. Assessing immune memory........... [5,000]
.................................. Traumatic brain injury research... [5,000]
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195
.................................. Civics education.................. [2,000]
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. SMART scholarships for AI related [13,000]
education.
.................................. SMART scholarships program [4,000]
increase.
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 31,136 73,247
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--augmenting quantum sensing [1,111]
research, education, and training
in DOD COE at DSU.
.................................. CPF--HBCU training for the future [1,000]
of aerospace.
.................................. Program increase.................. [40,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,708 37,208
PROGRAM.
.................................. Program increase--chemically [2,500]
resistant, high-performance
military cordage, rope, and
webbing.
.................................. SUBTOTAL BASIC RESEARCH........... 716,884 888,105
..................................
.................................. APPLIED RESEARCH
009 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,591 19,591
010 0602115E BIOMEDICAL TECHNOLOGY............. 108,698 118,698
.................................. Bridging the gap after spinal cord [5,000]
injury.
.................................. Non-invasive neurotechnology [5,000]
rehabilitation take home trials.
012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 22,918 82,918
.................................. 6G and beyond experimentation [50,000]
efforts.
.................................. Artificial intelligence (AI)-- [10,000]
trustworthy, human integrated,
robust.
013 0602234D8Z LINCOLN LABORATORY RESEARCH 55,692 55,692
PROGRAM.
014 0602251D8Z APPLIED RESEARCH FOR THE 65,015 115,015
ADVANCEMENT OF S&T PRIORITIES.
.................................. AI research and development....... [50,000]
015 0602303E INFORMATION & COMMUNICATIONS 430,363 745,363
TECHNOLOGY.
.................................. National Security Commission on [200,000]
Artificial Intelligence
implementation.
.................................. Program increase--AI, cyber, and [15,000]
data analytics.
.................................. Quantum computing acceleration.... [100,000]
016 0602383E BIOLOGICAL WARFARE DEFENSE........ 31,421 31,421
017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 206,956 213,456
PROGRAM.
.................................. Biodetection system for joint [6,500]
force infrastructure protection.
018 0602668D8Z CYBER SECURITY RESEARCH........... 15,380 35,380
.................................. AI-enabled cyber defense [10,000]
acceleration study.
.................................. Program increase.................. [10,000]
019 0602702E TACTICAL TECHNOLOGY............... 202,515 249,515
.................................. MADFIRES.......................... [30,000]
.................................. Program increase--AI, cyber and [17,000]
data analytics.
020 0602715E MATERIALS AND BIOLOGICAL 317,024 378,624
TECHNOLOGY.
[[Page H7158]]
.................................. Adaptive immunomodulation-based [4,600]
therapeutics (ElectRx).
.................................. Agile chemical manufacturing [20,000]
technologies (ACMT).
.................................. Bioengineered electronics and [6,000]
electromagnetic devices (Bio-INC).
.................................. Bioremediation of battlefields.... [7,000]
.................................. Maritime materials technologies [5,000]
(M2T).
.................................. Materiel protection through [5,000]
biologics.
.................................. Neuroprotection from brain injury. [9,000]
.................................. Regenerative engineering for [5,000]
complex tissue regeneration &
limb reconstruction.
021 0602716E ELECTRONICS TECHNOLOGY............ 357,384 393,384
.................................. Program increase--ERI 2.0......... [36,000]
022 0602718BR COUNTER WEAPONS OF MASS 197,011 197,011
DESTRUCTION APPLIED RESEARCH.
023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,601 9,601
(SEI) APPLIED RESEARCH.
024 0602890D8Z HIGH ENERGY LASER RESEARCH........ 45,997 115,997
.................................. Directed energy innovation-- [50,000]
improved beam control.
.................................. Joint Directed Energy Transition [20,000]
Office.
025 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 44,829 48,829
.................................. Program increase--sustained human [4,000]
performance and resilience.
.................................. SUBTOTAL APPLIED RESEARCH......... 2,130,395 2,810,495
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603000D8Z JOINT MUNITIONS ADVANCED 23,213 23,213
TECHNOLOGY.
027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,665 4,665
028 0603122D8Z COMBATING TERRORISM TECHNOLOGY 69,376 69,376
SUPPORT.
029 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,432 25,432
031 0603160BR COUNTER WEAPONS OF MASS 399,362 404,362
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Reduced order models.............. [5,000]
032 0603176C ADVANCED CONCEPTS AND PERFORMANCE 15,800 29,700
ASSESSMENT.
.................................. BATMAA BMDS advanced technology... [8,700]
.................................. MDA UFR--Cybersecurity [5,200]
improvements.
033 0603180C ADVANCED RESEARCH................. 21,466 26,466
.................................. Program increase--high speed [5,000]
flight experiment testing.
034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 51,340 51,340
DEVELOPMENT &TRANSITION.
035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,063 19,063
DEVELOPMENT.
036 0603286E ADVANCED AEROSPACE SYSTEMS........ 174,043 256,043
.................................. Glide breaker..................... [20,000]
.................................. Hypersonic Air-Breathing Weapon [37,000]
Concept (HAWC).
.................................. OpFires........................... [10,000]
.................................. Tactical Boost Glide (TBG)........ [15,000]
037 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 101,524 186,524
.................................. Blackjack critical risk reduction. [25,000]
.................................. Blackjack schedule assurance...... [30,000]
.................................. Robotic Servicing of [30,000]
Geosynchronous Satellites (RSGS).
038 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,012 24,012
039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 51,513 51,513
CONCEPTS.
042 0603338D8Z DEFENSE MODERNIZATION AND 115,443 193,443
PROTOTYPING.
.................................. Defense critical supply chain [3,000]
documentation and monitoring.
.................................. Rapid Innovation Program.......... [75,000]
043 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 31,873 31,873
044 0603375D8Z TECHNOLOGY INNOVATION............. 54,433 54,433
045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 197,824 197,824
PROGRAM--ADVANCED DEVELOPMENT.
046 0603527D8Z RETRACT LARCH..................... 99,175 99,175
047 0603618D8Z JOINT ELECTRONIC ADVANCED 18,221 18,221
TECHNOLOGY.
048 0603648D8Z JOINT CAPABILITY TECHNOLOGY 102,669 102,669
DEMONSTRATIONS.
049 0603662D8Z NETWORKED COMMUNICATIONS 2,984 2,984
CAPABILITIES.
050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 134,022 380,322
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing training... [5,000]
.................................. Biotechnology innovation--enabling [200,000]
modular and scalable
bioindustrial and resuable assets.
.................................. Certification-based workforce [3,000]
training programs for
manufacturing.
.................................. CPF--cold spray and rapid [1,300]
deposition lab.
.................................. Cybersecurity for industrial [3,000]
control systems.
.................................. Data analytics and visual system.. [3,000]
.................................. HPC-enabled advanced manufacturing [8,000]
.................................. Hypersonics advanced manufacturing [10,000]
.................................. Integrated silicon-based lasers... [10,000]
.................................. Virtual reality-enabled smart [3,000]
installation experimentation.
051 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 37,543 47,543
.................................. Program increase--steel [10,000]
performance initiative.
053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 12,418 12,418
DEMONSTRATIONS.
054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 51,863 81,863
PROGRAM.
.................................. Program increase--AFFF [15,000]
replacement, disposal, and
cleanup technology.
.................................. Program increase--PFAS remediation [15,000]
and disposal technology.
055 0603720S MICROELECTRONICS TECHNOLOGY 160,821 160,821
DEVELOPMENT AND SUPPORT.
056 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,169 2,169
057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 116,716 140,716
.................................. Program increase--ERI 2.0......... [24,000]
058 0603760E COMMAND, CONTROL AND 251,794 295,394
COMMUNICATIONS SYSTEMS.
.................................. Classified increase............... [21,000]
.................................. Deep water active sonar........... [15,000]
.................................. Network UP........................ [5,000]
.................................. SHARE alignment with OTNK research [1,100]
.................................. SHARE ICN performance enhancements [1,500]
for operational use.
059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 779,246
[[Page H7159]]
.................................. Air combat evolution (ACE)........ [8,200]
.................................. Artificial intelligence research [100,000]
activities.
.................................. Assault breaker II................ [50,000]
.................................. Classified increase............... [20,400]
.................................. Ocean of things................... [875]
.................................. Ocean of things phase 3 [10,000]
demonstration.
.................................. Timely information for maritime [5,000]
engagements (TIMEly).
060 0603767E SENSOR TECHNOLOGY................. 294,792 367,392
.................................. Classified increase............... [27,800]
.................................. SECTRE munitions digital twin for [4,400]
in theater/flight target
additions and performance
improvements.
.................................. Systems of systems-enhanced small [4,400]
units (SESU).
.................................. Thermal imaging technology [36,000]
experiment-recon (TITE-R).
061 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,398 9,198
TECHNOLOGY DEVELOPMENT.
.................................. Systems of systems-enhanced small [2,800]
units (SESU).
062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 14,677 14,977
.................................. CODE enhancements for SESU........ [300]
065 0603924D8Z HIGH ENERGY LASER ADVANCED 107,397 107,397
TECHNOLOGY PROGRAM.
066 0603941D8Z TEST & EVALUATION SCIENCE & 267,161 267,161
TECHNOLOGY.
067 0603950D8Z NATIONAL SECURITY INNOVATION 21,270 31,270
NETWORK.
.................................. Program increase.................. [10,000]
068 0604055D8Z OPERATIONAL ENERGY CAPABILITY 74,300 74,300
IMPROVEMENT.
070 0303310D8Z CWMD SYSTEMS...................... 5,000
.................................. Data storage capabilities for [5,000]
special operations forces.
074 1160402BB SOF ADVANCED TECHNOLOGY 93,415 98,415
DEVELOPMENT.
.................................. SOF platform agnostic data storage [5,000]
capability.
075 1206310SDA SPACE SCIENCE AND TECHNOLOGY 172,638 172,638
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,007,596 4,920,571
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 28,687 28,687
SECURITY EQUIPMENT RDT&E ADC&P.
077 0603600D8Z WALKOFF........................... 108,652 108,652
078 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,000
INFORMATION SERVICES.
.................................. CDO for ADA....................... [5,000]
079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 71,429 89,429
CERTIFICATION PROGRAM.
.................................. Military energy resilience [3,000]
catalyst.
.................................. Program increase--AFFF [5,000]
replacement, disposal, and
cleanup technology.
.................................. Program increase--PFAS remediation [10,000]
and disposal technology.
080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 277,949 213,382
DEFENSE SEGMENT.
.................................. Unjustified request, lacking [-64,567]
acquisition strategy--LHD.
081 0603882C BALLISTIC MISSILE DEFENSE 745,144 740,144
MIDCOURSE DEFENSE SEGMENT.
.................................. Unjustified growth--ground support [-5,000]
and fire control LHD lack of
validated requirement and
acquisition strategy.
082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 129,445 129,445
PROGRAM--DEM/VAL.
083 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 224,750 227,762
.................................. MDA UFR--Cybersecurity [3,012]
improvements.
084 0603890C BMD ENABLING PROGRAMS............. 595,301 631,881
.................................. MDA UFR--Cybersecurity [44,830]
improvements.
.................................. Unjustified growth--LHD lack of [-8,250]
validated requirement and
acquisition strategy.
085 0603891C SPECIAL PROGRAMS--MDA............. 413,374 413,374
086 0603892C AEGIS BMD......................... 732,512 694,418
.................................. Layered homeland defense lack of [-86,494]
requirement.
.................................. MDA UFR--Radar upgrades........... [48,400]
087 0603896C BALLISTIC MISSILE DEFENSE COMMAND 603,448 587,424
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. MDA UFR--Cybersecurity [2,000]
improvements.
.................................. MDA UFR--JADC2 integration........ [4,476]
.................................. Unjustified growth--LHD lack of [-22,500]
validated requirement and
acquisition strategy.
088 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,594 50,594
WARFIGHTER SUPPORT.
089 0603904C MISSILE DEFENSE INTEGRATION & 52,403 52,403
OPERATIONS CENTER (MDIOC).
090 0603906C REGARDING TRENCH.................. 11,952 11,952
091 0603907C SEA BASED X-BAND RADAR (SBX)...... 147,241 147,241
092 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
093 0603914C BALLISTIC MISSILE DEFENSE TEST.... 362,906 362,906
094 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 553,334 568,784
.................................. Advanced target front end [5,000]
configuration 3 tech maturation.
.................................. Architecture RTS development...... [10,000]
.................................. MDS architecture IAC prototype.... [5,000]
.................................. Unjustified growth--LHD lack of [-4,550]
validated requirement and
acquisition strategy.
096 0603923D8Z COALITION WARFARE................. 5,103 5,103
097 0604011D8Z NEXT GENERATION INFORMATION 374,665 474,665
COMMUNICATIONS TECHNOLOGY (5G).
.................................. 5G acceleration activities........ [100,000]
098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,259 3,259
PROGRAM.
099 0604102C GUAM DEFENSE DEVELOPMENT.......... 78,300 138,300
.................................. INDOPACOM UFR--Guam Defense System [60,000]
100 0604115C TECHNOLOGY MATURATION INITIATIVES. 34,000
.................................. Program increase--diode pumped [14,000]
alkali laser.
.................................. Short pulse laser directed energy [20,000]
demonstration.
103 0604181C HYPERSONIC DEFENSE................ 247,931 309,796
.................................. MDA UFR--Accelerate hypersonic [61,865]
defensive systems.
104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 716,456 831,456
.................................. Mission-based acquisition......... [100,000]
.................................. Program increase--mobile nuclear [15,000]
microreactor.
[[Page H7160]]
105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995
.................................. Advanced analog & mixed signal [6,800]
microelectronics design and
manufacturing.
.................................. Radiation-hardened application [18,000]
specific integrated circuits.
.................................. Trusted and assured GaN and GaAs [15,000]
RFIC technology.
106 0604331D8Z RAPID PROTOTYPING PROGRAM......... 103,575 182,575
.................................. ADA network resiliency/cloud...... [79,000]
107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 11,213 26,213
PROTOTYPING.
.................................. National security innovation [15,000]
capital program increase.
108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,778 2,778
UNMANNED SYSTEM COMMON
DEVELOPMENT.
109 0604551BR CATAPULT.......................... 7,166 7,166
110 0604555D8Z OPERATIONAL ENERGY CAPABILITY 23,200 23,200
IMPROVEMENT--NON S&T.
111 0604672C HOMELAND DEFENSE RADAR--HAWAII 75,000
(HDR-H).
.................................. INDOPACOM UFR--Restoration of HDR- [75,000]
H.
113 0604682D8Z WARGAMING AND SUPPORT FOR 3,519 3,519
STRATEGIC ANALYSIS (SSA).
114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 17,439 17,439
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
115 0604873C LONG RANGE DISCRIMINATION RADAR 133,335 133,335
(LRDR).
116 0604874C IMPROVED HOMELAND DEFENSE 926,125 926,125
INTERCEPTORS.
117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 32,697 32,697
DEFENSE SEGMENT TEST.
118 0604878C AEGIS BMD TEST.................... 117,055 111,255
.................................. Unjustified growth--AEGIS LHD test [-5,800]
funding early to need.
119 0604879C BALLISTIC MISSILE DEFENSE SENSOR 77,428 77,428
TEST.
120 0604880C LAND-BASED SM-3 (LBSM3)........... 43,158 43,158
121 0604887C BALLISTIC MISSILE DEFENSE 61,424 61,424
MIDCOURSE SEGMENT TEST.
122 0202057C SAFETY PROGRAM MANAGEMENT......... 2,323 2,323
123 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,568 2,568
SYSTEMS.
125 0305103C CYBER SECURITY INITIATIVE......... 1,142 1,142
126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 636,179 648,179
PROTOTYPING.
.................................. Laser communication terminal [6,000]
technologies.
.................................. Space laser communications........ [6,000]
127 1206893C SPACE TRACKING & SURVEILLANCE 15,176 15,176
SYSTEM.
128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 292,811 292,811
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 9,854,341 10,394,563
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 5,682 5,682
SECURITY EQUIPMENT RDT&E SDD.
131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 299,848 299,848
PROGRAM--EMD.
132 0604771D8Z JOINT TACTICAL INFORMATION 9,345 9,345
DISTRIBUTION SYSTEM (JTIDS).
133 0605000BR COUNTER WEAPONS OF MASS 14,063 14,063
DESTRUCTION SYSTEMS DEVELOPMENT.
134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265
135 0605021SE HOMELAND PERSONNEL SECURITY 7,205 7,205
INITIATIVE.
136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 5,447 5,447
137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892
.................................. ADVANA for ADA.................... [18,000]
138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 679 679
AND DEMONSTRATION.
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,254 32,254
FINANCIAL SYSTEM.
142 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
143 0605210D8Z DEFENSE-WIDE ELECTRONIC 7,148 7,148
PROCUREMENT CAPABILITIES.
144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895
146 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,991 3,991
COMMUNICATIONS.
149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 2,227 2,227
MANAGEMENT (EEIM).
150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,246 20,246
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 548,687 566,687
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
151 0603829J JOINT CAPABILITY EXPERIMENTATION.. 8,444 8,444
152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 7,508 7,508
(DRRS).
153 0604875D8Z JOINT SYSTEMS ARCHITECTURE 7,859 7,859
DEVELOPMENT.
154 0604940D8Z CENTRAL TEST AND EVALUATION 550,140 550,140
INVESTMENT DEVELOPMENT (CTEIP).
155 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 17,980 17,980
156 0605001E MISSION SUPPORT................... 73,145 73,145
157 0605100D8Z JOINT MISSION ENVIRONMENT TEST 71,410 71,410
CAPABILITY (JMETC).
159 0605126J JOINT INTEGRATED AIR AND MISSILE 52,671 52,671
DEFENSE ORGANIZATION (JIAMDO).
161 0605142D8Z SYSTEMS ENGINEERING............... 40,030 40,030
162 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,612 4,612
163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 14,429 14,429
164 0605170D8Z SUPPORT TO NETWORKS AND 4,759 4,759
INFORMATION INTEGRATION.
165 0605200D8Z GENERAL SUPPORT TO USD 1,952 1,952
(INTELLIGENCE).
166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,503 110,503
PROGRAM.
172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,639 3,639
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 25,889 63,889
.................................. Regional secure computing enclave [38,000]
pilot.
174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 39,774 257,774
.................................. ISR & information operations...... [10,000]
.................................. PNT modernization--signals of [140,000]
opportunity.
.................................. Spectrum innovation--low SWaP-C [68,000]
directional sources.
175 0605801KA DEFENSE TECHNICAL INFORMATION 61,453 61,453
CENTER (DTIC).
176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 18,762 18,762
TESTING AND EVALUATION.
177 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,366 27,366
178 0605898E MANAGEMENT HQ--R&D................ 12,740 12,740
179 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,549 3,549
INFORMATION CENTER (DTIC).
[[Page H7161]]
180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,438 15,438
181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 2,897 2,897
ANALYSIS.
182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 918 918
DEVELOPMENT SUPPORT.
183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 31,638 31,638
POLICY.
184 0203345D8Z DEFENSE OPERATIONS SECURITY 2,925 2,925
INITIATIVE (DOSI).
185 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 977 977
186 0208045K C4I INTEROPERABILITY.............. 55,361 60,361
.................................. Joint warfighting network [5,000]
architecture.
189 0303140SE INFORMATION SYSTEMS SECURITY 853 853
PROGRAM.
191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 969 969
OFFICE (DMDPO).
192 0305172K COMBINED ADVANCED APPLICATIONS.... 15,696 15,696
194 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,073 3,073
SYSTEMS.
197 0804768J COCOM EXERCISE ENGAGEMENT AND 29,530 29,530
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
198 0808709SE DEFENSE EQUAL OPPORTUNITY 689 689
MANAGEMENT INSTITUTE (DEOMI).
199 0901598C MANAGEMENT HQ--MDA................ 24,102 24,102
200 0903235K JOINT SERVICE PROVIDER (JSP)...... 2,645 2,645
999 9999999999 CLASSIFIED PROGRAMS............... 37,520 37,520
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,383,845 1,644,845
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
202 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 5,355 5,355
203 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 10,033 67,833
.................................. JAIC for ADA...................... [57,800]
206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 58,189 149,689
SUSTAINMENT SUPPORT.
.................................. Accelerated training in defense [10,000]
manufacturing (ATDM) pilot.
.................................. Carbon/carbon industrial base [6,000]
enhancement.
.................................. Demonstration program on domestic [3,000]
production of rare earth elements
from coal byproducts.
.................................. Digital manufacturing............. [1,500]
.................................. Directed energy supply chain [2,000]
assurance.
.................................. Industrial skills training........ [2,500]
.................................. Machine and advanced [20,000]
manufacturing--IACMI.
.................................. Program increase.................. [20,000]
.................................. Radar resiliency.................. [2,500]
.................................. Rare earth element separation [4,000]
technologies.
.................................. Submarine construction workforce [20,000]
training pipeline.
207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 18,721 18,721
DEVELOPMENT.
208 0607327T GLOBAL THEATER SECURITY 7,398 7,398
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 58,261 58,261
(OPERATIONAL SYSTEMS DEVELOPMENT).
215 0302019K DEFENSE INFO INFRASTRUCTURE 16,233 16,233
ENGINEERING AND INTEGRATION.
216 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 10,275 10,275
217 0303131K MINIMUM ESSENTIAL EMERGENCY 4,892 4,892
COMMUNICATIONS NETWORK (MEECN).
218 0303136G KEY MANAGEMENT INFRASTRUCTURE 83,751 83,751
(KMI).
219 0303140D8Z INFORMATION SYSTEMS SECURITY 49,191 69,191
PROGRAM.
.................................. Workforce transformation cyber [20,000]
initiative pilot program.
220 0303140G INFORMATION SYSTEMS SECURITY 423,745 535,845
PROGRAM.
.................................. Additional cybersecurity support [25,000]
for the defense industrial base.
.................................. Hardening DOD networks............ [12,100]
.................................. JFHQ DODIN staffing and tools..... [50,000]
.................................. Pilot program on public-private [25,000]
partnership with internet
ecosystem companies.
221 0303140K INFORMATION SYSTEMS SECURITY 5,707 5,707
PROGRAM.
222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 4,150 4,150
223 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,302 19,302
224 0303228K JOINT REGIONAL SECURITY STACKS 9,342 9,342
(JRSS).
226 0303430V FEDERAL INVESTIGATIVE SERVICES 15,326 15,326
INFORMATION TECHNOLOGY.
232 0305128V SECURITY AND INVESTIGATIVE 8,800 8,800
ACTIVITIES.
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 3,820 3,820
ACTIVITIES.
237 0305186D8Z POLICY R&D PROGRAMS............... 4,843 4,843
238 0305199D8Z NET CENTRICITY.................... 13,471 13,471
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 5,994 5,994
SYSTEMS.
247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,273 1,273
TRANSFER PROGRAM.
255 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,690 1,690
256 0708012S PACIFIC DISASTER CENTERS.......... 1,799 1,799
257 0708047S DEFENSE PROPERTY ACCOUNTABILITY 6,390 6,390
SYSTEM.
259 1105219BB MQ-9 UAV.......................... 19,065 19,065
261 1160403BB AVIATION SYSTEMS.................. 173,537 173,537
262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 32,766 32,766
263 1160408BB OPERATIONAL ENHANCEMENTS.......... 145,830 167,230
.................................. Program increase--AISUM........... [21,400]
264 1160431BB WARRIOR SYSTEMS................... 78,592 82,803
.................................. SOCOM UFR--Maritime scalable [4,211]
effects acceleration.
265 1160432BB SPECIAL PROGRAMS.................. 6,486 6,486
266 1160434BB UNMANNED ISR...................... 18,006 18,006
267 1160480BB SOF TACTICAL VEHICLES............. 7,703 7,703
268 1160483BB MARITIME SYSTEMS.................. 58,430 58,430
270 1160490BB OPERATIONAL ENHANCEMENTS 10,990 10,990
INTELLIGENCE.
999 9999999999 CLASSIFIED PROGRAMS............... 5,208,029 5,208,029
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,607,385 6,914,396
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
272 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 186,639 186,639
[[Page H7162]]
273 0608197V NATIONAL BACKGROUND INVESTIGATION 123,570 123,570
SERVICES--SOFTWARE PILOT PROGRAM.
274 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 18,307 18,307
PILOT PROGRAM.
275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 32,774 32,774
276 0308588D8Z ALGORITHMIC WARFARE CROSS 247,452 283,452
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. MAVEN for ADA..................... [36,000]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 608,742 644,742
TECHNOLOGY PILOT PROGRAMS.
.................................. SUBTOTAL UNDISTRIBUTED............ 36,000
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 25,857,875 28,784,404
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 105,394 105,394
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 68,549 68,549
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 42,648 62,648
ANALYSES.
.................................. Joint Test and Evaluation [20,000]
restoration.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 216,591 236,591
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 216,591 236,591
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 111,964,192 117,729,317
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 3,563,856 3,528,856
Unjustified growth............ [-35,000]
020 MODULAR SUPPORT BRIGADES...... 142,082 142,082
030 ECHELONS ABOVE BRIGADE........ 758,174 758,174
040 THEATER LEVEL ASSETS.......... 2,753,783 2,653,783
Unjustified growth............ [-100,000]
050 LAND FORCES OPERATIONS SUPPORT 1,110,156 1,110,156
060 AVIATION ASSETS............... 1,795,522 1,775,522
Unjustified growth............ [-20,000]
070 FORCE READINESS OPERATIONS 7,442,976 7,652,631
SUPPORT......................
Advanced bomb suit............ [12,940]
Army UFR--Arctic cold weather [13,867]
gloves.......................
Army UFR--Arctic OCIE......... [65,050]
Army UFR--ECWCS procurement... [8,999]
Army UFR--Female/small stature [81,750]
body armor...................
Army UFR--Garrison [13,071]
Installation Facilities-
Related Control Systems
(FRCS).......................
Army UFR--Heavylift [33,854]
transportation for OIR.......
Army UFR--Industrial base [14,824]
special installation control
systems......................
CENTCOM UFR--Heavylift [40,300]
logistics....................
Unjustified growth............ [-75,000]
080 LAND FORCES SYSTEMS READINESS. 580,921 594,921
CENTCOM UFR--COMSAT air time.. [34,000]
Unjustified growth............ [-20,000]
090 LAND FORCES DEPOT MAINTENANCE. 1,257,959 1,346,976
Army UFR--Tactical Combat [89,017]
Vehicle Repair Cycle Float...
100 MEDICAL READINESS............. 1,102,964 1,102,964
110 BASE OPERATIONS SUPPORT....... 8,878,603 8,868,603
Program decrease.............. [-10,000]
120 FACILITIES SUSTAINMENT, 4,051,869 4,534,869
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [483,000]
130 MANAGEMENT AND OPERATIONAL 289,891 289,891
HEADQUARTERS.................
140 ADDITIONAL ACTIVITIES......... 526,517 526,517
160 RESET......................... 397,196 392,196
Unjustified growth............ [-5,000]
170 US AFRICA COMMAND............. 384,791 518,337
AFRICOM UFR--Commercial SATCOM [16,500]
AFRICOM UFR--ISR improvements. [67,000]
Army UFR--MQ-9 COCO Support to [50,046]
AFRICOM......................
180 US EUROPEAN COMMAND........... 293,932 335,910
EUCOM UFR--Information [26,765]
Operations...................
EUCOM UFR--Mission Partner [15,213]
Environment..................
190 US SOUTHERN COMMAND........... 196,726 196,726
200 US FORCES KOREA............... 67,052 67,052
210 CYBERSPACE ACTIVITIES-- 621,836 654,751
CYBERSPACE OPERATIONS........
Army UFR--Critical [13,630]
infrastructure risk
management cyber resiliency
mitigations..................
Army UFR--MRCT / Cyber I&W / [4,655]
Ops Cell.....................
Army UFR--Security Operations [14,630]
Center as a Service (SOCaaS).
[[Page H7163]]
220 CYBERSPACE ACTIVITIES-- 629,437 726,176
CYBERSECURITY................
Army UFR--C-SCRM supplier [1,200]
vetting and equipment
inspection...................
Army UFR--Cybersecurity [89,889]
control systems assessments..
Army UFR--Cyber-Supply Chain [2,750]
Risk Mgmt (C-SCRM) program...
Army UFR--Defensive cyber [2,900]
sensors......................
SUBTOTAL OPERATING FORCES..... 36,846,243 37,777,093
MOBILIZATION
230 STRATEGIC MOBILITY............ 353,967 353,967
240 ARMY PREPOSITIONED STOCKS..... 381,192 381,192
250 INDUSTRIAL PREPAREDNESS....... 3,810 3,810
SUBTOTAL MOBILIZATION......... 738,969 738,969
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 163,568 163,568
270 RECRUIT TRAINING.............. 75,140 75,140
280 ONE STATION UNIT TRAINING..... 81,274 81,274
290 SENIOR RESERVE OFFICERS 520,973 520,973
TRAINING CORPS...............
300 SPECIALIZED SKILL TRAINING.... 998,869 998,869
310 FLIGHT TRAINING............... 1,309,556 1,309,556
320 PROFESSIONAL DEVELOPMENT 218,651 218,651
EDUCATION....................
330 TRAINING SUPPORT.............. 616,380 629,480
Army UFR--ATRRS Modernization. [18,100]
Unjustified growth............ [-5,000]
340 RECRUITING AND ADVERTISING.... 683,569 684,963
Army UFR--Enterprise [1,394]
Technology Integration,
Governance, and Engineering
Requirements (ETIGER)........
350 EXAMINING..................... 169,442 169,442
360 OFF-DUTY AND VOLUNTARY 214,923 231,078
EDUCATION....................
Army UFR--Tuition assistance.. [16,155]
370 CIVILIAN EDUCATION AND 220,589 220,589
TRAINING.....................
380 JUNIOR RESERVE OFFICER 187,569 187,569
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,460,503 5,491,152
RECRUITING...................
ADMIN & SRVWIDE ACTIVITIES
400 SERVICEWIDE TRANSPORTATION.... 684,562 672,562
Unjustified growth............ [-12,000]
410 CENTRAL SUPPLY ACTIVITIES..... 808,895 808,895
420 LOGISTIC SUPPORT ACTIVITIES... 767,053 796,157
Army UFR--AMC LITeS........... [29,104]
430 AMMUNITION MANAGEMENT......... 469,038 469,038
440 ADMINISTRATION................ 488,535 484,535
Unjustified growth............ [-4,000]
450 SERVICEWIDE COMMUNICATIONS.... 1,952,742 2,007,462
Army UFR--CHRA IT Cloud....... [5,300]
Army UFR--ERP convergence/ [49,420]
modernization................
460 MANPOWER MANAGEMENT........... 323,273 323,273
470 OTHER PERSONNEL SUPPORT....... 663,602 694,670
Army UFR--Enterprise [1,393]
Technology Integration,
Governance, and Engineering
Requirements (ETIGER)........
Army UFR--HR cloud and IT [29,675]
modernization................
480 OTHER SERVICE SUPPORT......... 2,004,981 2,031,364
Program increase--DFAS [49,983]
unfunded requirement.........
Unjustified growth............ [-23,600]
490 ARMY CLAIMS ACTIVITIES........ 180,178 180,178
500 REAL ESTATE MANAGEMENT........ 269,009 272,509
Program increase--real estate [3,500]
inventory tool...............
510 FINANCIAL MANAGEMENT AND AUDIT 437,940 437,940
READINESS....................
520 INTERNATIONAL MILITARY 482,571 482,571
HEADQUARTERS.................
530 MISC. SUPPORT OF OTHER NATIONS 29,670 29,670
9999 CLASSIFIED PROGRAMS........... 2,008,633 2,026,633
SOUTHCOM UFR--Additional [18,000]
traditional ISR operations...
SUBTOTAL ADMIN & SRVWIDE 11,570,682 11,717,457
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -125,000
Historical unobligated [-125,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -125,000
TOTAL OPERATION & MAINTENANCE, 54,616,397 55,599,671
ARMY.........................
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 10,465 10,465
020 ECHELONS ABOVE BRIGADE........ 554,992 554,992
030 THEATER LEVEL ASSETS.......... 120,892 120,892
040 LAND FORCES OPERATIONS SUPPORT 597,718 597,718
050 AVIATION ASSETS............... 111,095 111,095
060 FORCE READINESS OPERATIONS 385,506 385,506
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 98,021 98,021
080 LAND FORCES DEPOT MAINTENANCE. 34,368 34,368
090 BASE OPERATIONS SUPPORT....... 584,513 584,513
100 FACILITIES SUSTAINMENT, 342,433 342,433
RESTORATION & MODERNIZATION..
110 MANAGEMENT AND OPERATIONAL 22,472 22,472
HEADQUARTERS.................
[[Page H7164]]
120 CYBERSPACE ACTIVITIES-- 2,764 2,764
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,476 7,476
CYBERSECURITY................
SUBTOTAL OPERATING FORCES..... 2,872,715 2,872,715
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 15,400 15,400
150 ADMINISTRATION................ 19,611 19,611
160 SERVICEWIDE COMMUNICATIONS.... 37,458 37,458
170 MANPOWER MANAGEMENT........... 7,162 7,162
180 RECRUITING AND ADVERTISING.... 48,289 48,289
SUBTOTAL ADMIN & SRVWD 127,920 127,920
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -10,000
Historical unobligated [-10,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -10,000
TOTAL OPERATION & MAINTENANCE, 3,000,635 2,990,635
ARMY RES.....................
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 799,854 799,854
020 MODULAR SUPPORT BRIGADES...... 211,561 211,561
030 ECHELONS ABOVE BRIGADE........ 835,709 835,709
040 THEATER LEVEL ASSETS.......... 101,179 101,179
050 LAND FORCES OPERATIONS SUPPORT 34,436 34,436
060 AVIATION ASSETS............... 1,110,416 1,100,416
Unjustified growth............ [-10,000]
070 FORCE READINESS OPERATIONS 704,827 709,927
SUPPORT......................
CNGB UFR--Weapons of Mass [5,100]
Destruction Civil Support
Teams Equipment Sustainment..
080 LAND FORCES SYSTEMS READINESS. 47,886 47,886
090 LAND FORCES DEPOT MAINTENANCE. 244,439 244,439
100 BASE OPERATIONS SUPPORT....... 1,097,960 1,097,960
110 FACILITIES SUSTAINMENT, 956,988 956,988
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 1,047,870 1,047,870
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 8,071 8,071
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 7,828 7,828
CYBERSECURITY................
SUBTOTAL OPERATING FORCES..... 7,209,024 7,204,124
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 8,017 8,017
160 ADMINISTRATION................ 76,993 81,993
Program increase--State [5,000]
Partnership Program..........
170 SERVICEWIDE COMMUNICATIONS.... 101,113 101,113
180 MANPOWER MANAGEMENT........... 8,920 8,920
190 OTHER PERSONNEL SUPPORT....... 240,292 240,292
200 REAL ESTATE MANAGEMENT........ 2,850 2,850
SUBTOTAL ADMIN & SRVWD 438,185 443,185
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -40,000
Historical unobligated [-40,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -40,000
TOTAL OPERATION & MAINTENANCE, 7,647,209 7,607,309
ARNG.........................
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT................... 1,053,668 0
Program reduction............. [-1,053,668]
020 INFRASTRUCTURE................ 1,818 0
Program reduction............. [-1,818]
030 EQUIPMENT AND TRANSPORTATION.. 22,911 0
Program reduction............. [-22,911]
040 TRAINING AND OPERATIONS....... 31,837 0
Program reduction............. [-31,837]
SUBTOTAL AFGHAN NATIONAL ARMY. 1,110,234 0
AFGHAN NATIONAL POLICE
050 SUSTAINMENT................... 440,628 0
Program reduction............. [-440,628]
070 EQUIPMENT AND TRANSPORTATION.. 38,551 0
Program reduction............. [-38,551]
080 TRAINING AND OPERATIONS....... 38,152 0
Program reduction............. [-38,152]
SUBTOTAL AFGHAN NATIONAL 517,331 0
POLICE.......................
AFGHAN AIR FORCE
090 SUSTAINMENT................... 562,056 0
Program reduction............. [-562,056]
110 EQUIPMENT AND TRANSPORTATION.. 26,600 0
Program reduction............. [-26,600]
[[Page H7165]]
120 TRAINING AND OPERATIONS....... 169,684 0
Program reduction............. [-169,684]
SUBTOTAL AFGHAN AIR FORCE..... 758,340 0
AFGHAN SPECIAL SECURITY FORCES
130 SUSTAINMENT................... 685,176 0
Program reduction............. [-685,176]
150 EQUIPMENT AND TRANSPORTATION.. 78,962 0
Program reduction............. [-78,962]
160 TRAINING AND OPERATIONS....... 177,767 0
Program reduction............. [-177,767]
SUBTOTAL AFGHAN SPECIAL 941,905 0
SECURITY FORCES..............
TOTAL AFGHANISTAN SECURITY 3,327,810 0
FORCES FUND..................
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 345,000 345,000
020 SYRIA......................... 177,000 177,000
SUBTOTAL COUNTER ISIS TRAIN 522,000 522,000
AND EQUIP FUND (CTEF)........
TOTAL COUNTER ISIS TRAIN AND 522,000 522,000
EQUIP FUND (CTEF)............
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 6,264,654 6,545,054
OPERATIONS...................
Navy UFR--Flying hour program - [280,400]
fleet operations............
020 FLEET AIR TRAINING............ 2,465,007 2,465,007
030 AVIATION TECHNICAL DATA & 55,140 55,140
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 197,904 197,904
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 1,005,932 1,005,932
060 AIRCRAFT DEPOT MAINTENANCE.... 1,675,356 1,897,556
Navy UFR--Additional aircraft [222,200]
depot maintenance events.....
070 AIRCRAFT DEPOT OPERATIONS 65,518 65,518
SUPPORT......................
080 AVIATION LOGISTICS............ 1,460,546 1,460,546
090 MISSION AND OTHER SHIP 5,858,028 5,893,028
OPERATIONS...................
Navy UFR--Resilient [29,000]
Communications and PNT for
Combat Logistics Fleet (CLF).
Navy UFR--Submarine Tender [42,000]
Overhaul.....................
Unjustified growth............ [-36,000]
100 SHIP OPERATIONS SUPPORT & 1,154,696 1,154,696
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 10,300,078 10,514,878
Navy UFR--A-120 availability.. [39,800]
Retained cruisers............. [135,000]
USS Connecticut emergent [40,000]
repairs......................
120 SHIP DEPOT OPERATIONS SUPPORT. 2,188,454 2,188,454
130 COMBAT COMMUNICATIONS AND 1,551,846 1,551,846
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 327,251 327,251
150 WARFARE TACTICS............... 798,082 798,082
160 OPERATIONAL METEOROLOGY AND 447,486 447,486
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 2,250,756 2,282,856
CENTCOM UFR--Naval patrol [47,100]
craft support................
Unjustified growth............ [-15,000]
180 EQUIPMENT MAINTENANCE AND 192,968 192,968
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 61,614 61,614
OPERATIONS...................
200 COMBATANT COMMANDERS DIRECT 198,596 445,596
MISSION SUPPORT..............
INDOPACOM UFR--Critical HQ [4,620]
manpower positions...........
INDOPACOM UFR--ISR [41,000]
augmentation.................
INDOPACOM UFR--Multi-Domain [59,410]
Training and Experimentation
Capability...................
Program increase--INDOPACOM [3,300]
Future fusion centers........
Program increase--INDOPACOM [50,170]
Mission Partner Environment..
Program increase--INDOPACOM [500]
Pacific Movement Coordination
Center.......................
Program increase--INDOPACOM [88,000]
Wargaming analytical tools...
210 MILITARY INFORMATION SUPPORT 8,984 36,984
OPERATIONS...................
Program increase--INDOPACOM [28,000]
Military Information Support
Operations...................
220 CYBERSPACE ACTIVITIES......... 565,926 560,926
Identity, credentialing, and [-5,000]
access management reduction..
230 FLEET BALLISTIC MISSILE....... 1,476,247 1,476,247
240 WEAPONS MAINTENANCE........... 1,538,743 1,513,743
Historical underexecution..... [-25,000]
250 OTHER WEAPON SYSTEMS SUPPORT.. 592,357 592,357
260 ENTERPRISE INFORMATION........ 734,970 690,970
Unjustified growth............ [-44,000]
270 SUSTAINMENT, RESTORATION AND 2,961,937 3,511,937
MODERNIZATION................
Program increase--FSRM........ [550,000]
280 BASE OPERATING SUPPORT........ 4,826,314 4,816,314
Program decrease.............. [-10,000]
SUBTOTAL OPERATING FORCES..... 51,225,390 52,750,890
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 457,015 457,015
300 READY RESERVE FORCE........... 645,522 645,522
310 SHIP ACTIVATIONS/INACTIVATIONS 353,530 349,030
[[Page H7166]]
Historical underexecution..... [-4,500]
320 EXPEDITIONARY HEALTH SERVICES 149,384 149,384
SYSTEMS......................
330 COAST GUARD SUPPORT........... 20,639 20,639
SUBTOTAL MOBILIZATION......... 1,626,090 1,621,590
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 172,913 172,913
350 RECRUIT TRAINING.............. 13,813 13,813
360 RESERVE OFFICERS TRAINING 167,152 167,152
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 1,053,104 1,053,104
380 PROFESSIONAL DEVELOPMENT 311,209 311,209
EDUCATION....................
390 TRAINING SUPPORT.............. 306,302 306,302
400 RECRUITING AND ADVERTISING.... 205,219 205,219
410 OFF-DUTY AND VOLUNTARY 79,053 79,053
EDUCATION....................
420 CIVILIAN EDUCATION AND 109,754 109,754
TRAINING.....................
430 JUNIOR ROTC................... 57,323 57,323
SUBTOTAL TRAINING AND 2,475,842 2,475,842
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,268,961 1,290,961
Program increase--Naval Audit [25,000]
Service......................
Unjustified growth............ [-3,000]
450 CIVILIAN MANPOWER AND 212,952 212,952
PERSONNEL MANAGEMENT.........
460 MILITARY MANPOWER AND 562,546 562,546
PERSONNEL MANAGEMENT.........
470 MEDICAL ACTIVITIES............ 285,436 285,436
480 SERVICEWIDE TRANSPORTATION.... 217,782 217,782
500 PLANNING, ENGINEERING, AND 479,480 479,480
PROGRAM SUPPORT..............
510 ACQUISITION, LOGISTICS, AND 741,045 741,045
OVERSIGHT....................
520 INVESTIGATIVE AND SECURITY 738,187 736,687
SERVICES.....................
Unjustified growth............ [-1,500]
9999 CLASSIFIED PROGRAMS........... 607,517 603,477
Classified adjustment......... [-4,040]
SUBTOTAL ADMIN & SRVWD 5,113,906 5,130,366
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -58,000
Historical unobligated [-58,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -58,000
TOTAL OPERATION & MAINTENANCE, 60,441,228 61,920,688
NAVY.........................
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 1,587,456 1,632,756
Marine Corps UFR--Plate [45,300]
Carrier Gen III..............
020 FIELD LOGISTICS............... 1,532,630 1,527,630
Unjustified growth............ [-5,000]
030 DEPOT MAINTENANCE............. 215,949 215,949
040 MARITIME PREPOSITIONING....... 107,969 107,969
050 CYBERSPACE ACTIVITIES......... 233,486 233,486
060 SUSTAINMENT, RESTORATION & 1,221,117 1,354,117
MODERNIZATION................
Program increase--FSRM........ [133,000]
070 BASE OPERATING SUPPORT........ 2,563,278 2,560,278
Unjustified growth............ [-3,000]
SUBTOTAL OPERATING FORCES..... 7,461,885 7,632,185
TRAINING AND RECRUITING
080 RECRUIT TRAINING.............. 24,729 24,729
090 OFFICER ACQUISITION........... 1,208 1,208
100 SPECIALIZED SKILL TRAINING.... 110,752 110,752
110 PROFESSIONAL DEVELOPMENT 61,539 61,539
EDUCATION....................
120 TRAINING SUPPORT.............. 490,975 490,975
130 RECRUITING AND ADVERTISING.... 223,643 223,643
140 OFF-DUTY AND VOLUNTARY 49,369 49,369
EDUCATION....................
150 JUNIOR ROTC................... 26,065 26,065
SUBTOTAL TRAINING AND 988,280 988,280
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 100,475 100,475
170 ADMINISTRATION................ 410,729 410,729
9999 CLASSIFIED PROGRAMS........... 63,422 63,422
SUBTOTAL ADMIN & SRVWD 574,626 574,626
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -10,000
Historical unobligated [-10,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -10,000
TOTAL OPERATION & MAINTENANCE, 9,024,791 9,185,091
MARINE CORPS.................
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
[[Page H7167]]
010 MISSION AND OTHER FLIGHT 628,522 628,522
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 9,593 9,593
030 AIRCRAFT DEPOT MAINTENANCE.... 135,280 135,280
040 AIRCRAFT DEPOT OPERATIONS 497 497
SUPPORT......................
050 AVIATION LOGISTICS............ 29,435 29,435
070 COMBAT COMMUNICATIONS......... 18,469 18,469
080 COMBAT SUPPORT FORCES......... 136,710 136,710
090 CYBERSPACE ACTIVITIES......... 440 440
100 ENTERPRISE INFORMATION........ 26,628 26,628
110 SUSTAINMENT, RESTORATION AND 42,311 42,311
MODERNIZATION................
120 BASE OPERATING SUPPORT........ 103,606 103,606
SUBTOTAL OPERATING FORCES..... 1,131,491 1,131,491
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,943 1,943
140 MILITARY MANPOWER AND 12,191 12,191
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 3,073 3,073
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 17,207 17,207
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -2,500
Historical unobligated [-2,500]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -2,500
TOTAL OPERATION & MAINTENANCE, 1,148,698 1,146,198
NAVY RES.....................
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 102,271 148,171
Marine Corps UFR--Individual [45,900]
combat clothing and equipment
020 DEPOT MAINTENANCE............. 16,811 16,811
030 SUSTAINMENT, RESTORATION AND 42,702 42,702
MODERNIZATION................
040 BASE OPERATING SUPPORT........ 109,210 109,210
SUBTOTAL OPERATING FORCES..... 270,994 316,894
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................ 14,056 14,056
SUBTOTAL ADMIN & SRVWD 14,056 14,056
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 285,050 330,950
MC RESERVE...................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 706,860 680,530
A-10 aircraft retention....... [1,670]
Unjustified growth............ [-28,000]
020 COMBAT ENHANCEMENT FORCES..... 2,382,448 2,346,948
CENTCOM--MQ-9 combat lines.... [53,000]
EUCOM UFR--Air base air [1,500]
defense operations center....
Unjustified growth............ [-90,000]
030 AIR OPERATIONS TRAINING (OJT, 1,555,320 1,542,750
MAINTAIN SKILLS).............
A-10 aircraft retention....... [12,430]
Contract adversary air........ [5,000]
Unjustified growth............ [-30,000]
040 DEPOT PURCHASE EQUIPMENT 3,661,762 3,707,337
MAINTENANCE..................
A-10 aircraft retention....... [65,575]
Unjustified growth............ [-20,000]
050 FACILITIES SUSTAINMENT, 3,867,114 4,342,114
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [475,000]
060 CYBERSPACE SUSTAINMENT........ 179,568 179,568
070 CONTRACTOR LOGISTICS SUPPORT 8,457,653 8,784,538
AND SYSTEM SUPPORT...........
A-10 aircraft retention....... [15,885]
A-10/F-35 contract maintenance [156,000]
Program increase--F-35 [185,000]
sustainment..................
Unjustified growth............ [-30,000]
080 FLYING HOUR PROGRAM........... 5,646,730 5,699,590
A-10 aircraft retention....... [52,860]
090 BASE SUPPORT.................. 9,846,037 9,776,037
Unjustified growth............ [-70,000]
100 GLOBAL C3I AND EARLY WARNING.. 979,705 988,905
EUCOM--MPE air component [9,200]
battle network...............
110 OTHER COMBAT OPS SPT PROGRAMS. 1,418,515 1,399,625
EUCOM UFR--Air base air [110]
defense......................
Unjustified growth............ [-19,000]
120 CYBERSPACE ACTIVITIES......... 864,761 864,761
150 SPACE CONTROL SYSTEMS......... 13,223 13,223
160 US NORTHCOM/NORAD............. 196,774 196,774
170 US STRATCOM................... 475,015 475,015
180 US CYBERCOM................... 389,663 416,163
CYBERCOM UFR--Acceleration of [3,200]
cyber intelligence...........
Program increase--cyber [23,300]
training.....................
190 US CENTCOM.................... 372,354 386,354
[[Page H7168]]
CENTCOM UFR--MISO program..... [24,000]
Unjustified growth--OSC-I..... [-10,000]
200 US SOCOM...................... 28,733 28,733
220 CENTCOM CYBERSPACE SUSTAINMENT 1,289 1,289
230 USSPACECOM.................... 272,601 282,601
SPACECOM UFR--Bridging space [10,000]
protection gaps..............
9999 CLASSIFIED PROGRAMS........... 1,454,383 1,454,383
SUBTOTAL OPERATING FORCES..... 42,770,508 43,567,238
MOBILIZATION
240 AIRLIFT OPERATIONS............ 2,422,784 2,397,784
Unjustified growth............ [-25,000]
250 MOBILIZATION PREPAREDNESS..... 667,851 667,851
SUBTOTAL MOBILIZATION......... 3,090,635 3,065,635
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 156,193 156,193
270 RECRUIT TRAINING.............. 26,072 26,072
280 RESERVE OFFICERS TRAINING 127,693 127,693
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 491,286 481,286
Unjustified growth............ [-10,000]
300 FLIGHT TRAINING............... 718,742 718,742
310 PROFESSIONAL DEVELOPMENT 302,092 302,092
EDUCATION....................
320 TRAINING SUPPORT.............. 162,165 162,165
330 RECRUITING AND ADVERTISING.... 171,339 171,339
340 EXAMINING..................... 8,178 8,178
350 OFF-DUTY AND VOLUNTARY 236,760 236,760
EDUCATION....................
360 CIVILIAN EDUCATION AND 306,602 306,602
TRAINING.....................
370 JUNIOR ROTC................... 65,940 65,940
SUBTOTAL TRAINING AND 2,773,062 2,763,062
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 1,062,709 1,062,709
390 TECHNICAL SUPPORT ACTIVITIES.. 169,957 169,957
400 ADMINISTRATION................ 1,005,827 987,327
Unjustified growth............ [-18,500]
410 SERVICEWIDE COMMUNICATIONS.... 31,054 31,054
420 OTHER SERVICEWIDE ACTIVITIES.. 1,470,757 1,470,757
430 CIVIL AIR PATROL.............. 29,128 47,300
Program increase.............. [18,172]
450 INTERNATIONAL SUPPORT......... 81,118 81,118
9999 CLASSIFIED PROGRAMS........... 1,391,720 1,391,428
Classified adjustment......... [-292]
SUBTOTAL ADMIN & SRVWD 5,242,270 5,241,650
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -150,000
Historical unobligated [-150,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -150,000
TOTAL OPERATION & MAINTENANCE, 53,876,475 54,487,585
AIR FORCE....................
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING.... 495,615 495,615
020 SPACE LAUNCH OPERATIONS....... 185,700 185,700
030 SPACE OPERATIONS.............. 611,269 611,269
040 EDUCATION & TRAINING.......... 22,887 22,887
060 DEPOT MAINTENANCE............. 280,165 306,165
Program increase--weapon [26,000]
system sustainment...........
070 FACILITIES SUSTAINMENT, 213,347 279,647
RESTORATION & MODERNIZATION..
Space Force UFR--FSRM Cheyenne [66,300]
Mountain Complex.............
080 CONTRACTOR LOGISTICS AND 1,158,707 1,246,707
SYSTEM SUPPORT...............
Program increase--weapon [94,000]
system sustainment...........
Unjustified growth............ [-6,000]
090 SPACE OPERATIONS -BOS......... 143,520 143,520
9999 CLASSIFIED PROGRAMS........... 172,755 172,755
SUBTOTAL OPERATING FORCES..... 3,283,965 3,464,265
ADMINISTRATION AND SERVICE
WIDE ACTIVITIES
100 ADMINISTRATION................ 156,747 146,747
Unjustified growth............ [-10,000]
SUBTOTAL ADMINISTRATION AND 156,747 146,747
SERVICE WIDE ACTIVITIES......
TOTAL OPERATION & MAINTENANCE, 3,440,712 3,611,012
SPACE FORCE..................
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,665,015 1,636,015
Unjustified growth............ [-29,000]
020 MISSION SUPPORT OPERATIONS.... 179,486 179,486
030 DEPOT PURCHASE EQUIPMENT 530,540 530,540
MAINTENANCE..................
[[Page H7169]]
040 FACILITIES SUSTAINMENT, 114,987 123,987
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [9,000]
050 CONTRACTOR LOGISTICS SUPPORT 254,831 254,831
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 470,801 470,801
070 CYBERSPACE ACTIVITIES......... 1,372 1,372
SUBTOTAL OPERATING FORCES..... 3,217,032 3,197,032
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 ADMINISTRATION................ 91,289 91,289
090 RECRUITING AND ADVERTISING.... 23,181 23,181
100 MILITARY MANPOWER AND PERS 13,966 13,966
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 6,196 6,196
COMP)........................
120 AUDIOVISUAL................... 442 442
SUBTOTAL ADMINISTRATION AND 135,074 135,074
SERVICEWIDE ACTIVITIES.......
UNDISTRIBUTED
998 UNDISTRIBUTED................. -18,000
Historical unobligated [-18,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -18,000
TOTAL OPERATION & MAINTENANCE, 3,352,106 3,314,106
AF RESERVE...................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,281,432 2,281,432
020 MISSION SUPPORT OPERATIONS.... 582,848 588,748
CNGB UFR--HRF/CERFP [5,900]
sustainment..................
030 DEPOT PURCHASE EQUIPMENT 1,241,318 1,226,318
MAINTENANCE..................
Unjustified growth............ [-15,000]
040 FACILITIES SUSTAINMENT, 353,193 379,193
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [26,000]
050 CONTRACTOR LOGISTICS SUPPORT 1,077,654 1,067,654
AND SYSTEM SUPPORT...........
Unjustified growth............ [-10,000]
060 BASE SUPPORT.................. 908,198 908,198
070 CYBERSPACE SUSTAINMENT........ 23,895 23,895
080 CYBERSPACE ACTIVITIES......... 17,263 17,263
SUBTOTAL OPERATING FORCES..... 6,485,801 6,492,701
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 46,455 46,455
100 RECRUITING AND ADVERTISING.... 41,764 41,764
SUBTOTAL ADMINISTRATION AND 88,219 88,219
SERVICE-WIDE ACTIVITIES......
UNDISTRIBUTED
998 UNDISTRIBUTED................. -15,000
Historical unobligated [-15,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -15,000
TOTAL OPERATION & MAINTENANCE, 6,574,020 6,565,920
ANG..........................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 407,240 402,240
Unjustified growth............ [-5,000]
020 JOINT CHIEFS OF STAFF--CE2T2.. 554,634 607,734
AFRICOM UFR--Joint Exercise [18,000]
Program......................
INDOPACOM UFR--Joint Exercise [35,100]
Program......................
030 JOINT CHIEFS OF STAFF--CYBER.. 8,098 8,098
050 SPECIAL OPERATIONS COMMAND 2,044,479 2,047,789
COMBAT DEVELOPMENT ACTIVITIES
SOCOM--Armored ground mobility [3,310]
systems (AGMS) acceleration..
060 SPECIAL OPERATIONS COMMAND 45,851 45,851
CYBERSPACE ACTIVITIES........
070 SPECIAL OPERATIONS COMMAND 1,614,757 1,614,757
INTELLIGENCE.................
080 SPECIAL OPERATIONS COMMAND 1,081,869 1,088,210
MAINTENANCE..................
SOCOM UFR--Modernized forward [900]
look sonar...................
SOCOM UFR--Personal signature [5,441]
management acceleration......
090 SPECIAL OPERATIONS COMMAND 180,042 180,042
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
100 SPECIAL OPERATIONS COMMAND 1,202,060 1,202,060
OPERATIONAL SUPPORT..........
110 SPECIAL OPERATIONS COMMAND 3,175,789 3,175,789
THEATER FORCES...............
SUBTOTAL OPERATING FORCES..... 10,314,819 10,372,570
TRAINING AND RECRUITING
130 DEFENSE ACQUISITION UNIVERSITY 171,607 171,607
140 JOINT CHIEFS OF STAFF......... 92,905 92,905
150 PROFESSIONAL DEVELOPMENT 31,669 31,669
EDUCATION....................
SUBTOTAL TRAINING AND 296,181 296,181
RECRUITING...................
ADMIN & SRVWIDE ACTIVITIES
170 CIVIL MILITARY PROGRAMS....... 137,311 264,592
Program increase--National [85,281]
Guard Youth Challenge........
Program increase--STARBASE.... [42,000]
190 DEFENSE CONTRACT AUDIT AGENCY. 618,526 606,526
Unjustified growth............ [-12,000]
[[Page H7170]]
200 DEFENSE CONTRACT AUDIT AGENCY-- 3,984 3,984
CYBER........................
220 DEFENSE CONTRACT MANAGEMENT 1,438,296 1,435,796
AGENCY.......................
Unjustified growth............ [-2,500]
230 DEFENSE CONTRACT MANAGEMENT 11,999 11,999
AGENCY--CYBER................
240 DEFENSE COUNTERINTELLIGENCE 941,488 931,488
AND SECURITY AGENCY..........
Unjustified growth............ [-10,000]
260 DEFENSE COUNTERINTELLIGENCE 9,859 9,859
AND SECURITY AGENCY--CYBER...
270 DEFENSE HUMAN RESOURCES 816,168 881,168
ACTIVITY.....................
DHRA/DSPO--support FY2021 [5,000]
congressional increases......
DHRA/SAPRO--FY2021 baseline [60,000]
restoral.....................
280 DEFENSE HUMAN RESOURCES 17,655 17,655
ACTIVITY--CYBER..............
290 DEFENSE INFORMATION SYSTEMS 1,913,734 1,934,769
AGENCY.......................
milCloud 2.0 migration........ [21,035]
310 DEFENSE INFORMATION SYSTEMS 530,278 612,378
AGENCY--CYBER................
Program increase--hardening [62,100]
DOD networks.................
Program increase--securing the [20,000]
Department of Defense
Information Network..........
350 DEFENSE LEGAL SERVICES AGENCY. 229,498 229,498
360 DEFENSE LOGISTICS AGENCY...... 402,864 407,664
Program increase--Procurement [4,800]
Technical Assistance Program.
370 DEFENSE MEDIA ACTIVITY........ 222,655 222,655
380 DEFENSE PERSONNEL ACCOUNTING 130,174 155,174
AGENCY.......................
DPAA (POW/MIA)--support FY2021 [25,000]
congressional increases......
390 DEFENSE SECURITY COOPERATION 2,067,446 1,922,157
AGENCY.......................
Program increase.............. [104,711]
Transfer to Ukraine Security [-250,000]
Assistance...................
420 DEFENSE TECHNOLOGY SECURITY 39,305 39,305
ADMINISTRATION...............
440 DEFENSE THREAT REDUCTION 885,749 885,749
AGENCY.......................
460 DEFENSE THREAT REDUCTION 36,736 36,736
AGENCY--CYBER................
470 DEPARTMENT OF DEFENSE 3,138,345 3,208,345
EDUCATION ACTIVITY...........
Program increase--Impact Aid.. [50,000]
Program increase--Impact Aid [20,000]
for children with severe
disabilities.................
490 MISSILE DEFENSE AGENCY........ 502,450 502,450
530 OFFICE OF THE LOCAL DEFENSE 89,686 104,686
COMMUNITY COOPERATION--OSD...
Program increase--Defense [15,000]
Community Infrastructure
Program......................
540 OFFICE OF THE SECRETARY OF 1,766,614 1,844,114
DEFENSE......................
Bien Hoa dioxin cleanup....... [15,000]
Cost Assessment Data [3,500]
Enterprise...................
Military working dog pilot [10,000]
program......................
National Commission on [10,000]
Synthetic Biology............
Office of the Secretary of [9,000]
Defense civilian workforce...
Personnel in the Office of [3,000]
Assistant Secretary of
Defense Sustainment and
Environment, Safety, and
Occupational Health..........
Program increase--Afghanistan [5,000]
War Commission...............
Program increase--CDC water [15,000]
contamination study and
assessment...................
Program increase--Commission [5,000]
on Planning, Programming,
Budgeting, and Execution
Reform.......................
Program increase--Commission [5,000]
on the National Defense
Strategy.....................
Program increase--Commission [7,000]
on the Strategic Posture of
the U.S......................
Unjustified growth--non-pay... [-10,000]
550 OFFICE OF THE SECRETARY OF 32,851 32,851
DEFENSE--CYBER...............
560 SPACE DEVELOPMENT AGENCY...... 53,851 53,851
570 WASHINGTON HEADQUARTERS 369,698 364,698
SERVICES.....................
Unjustified growth............ [-5,000]
999 CLASSIFIED PROGRAMS........... 17,900,146 17,833,213
Classified adjustment......... [-66,933]
SUBTOTAL ADMIN & SRVWIDE 34,307,366 34,553,360
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. 490,304
Depot capital investment...... [500,000]
Program reduction--SOCOM [-9,696]
unjustified increase in
management and headquarters
expenses.....................
SUBTOTAL UNDISTRIBUTED........ 490,304
TOTAL OPERATION AND 44,918,366 45,712,415
MAINTENANCE, DEFENSE-WIDE....
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE
ARMED FORCES, DEF
010 US COURT OF APPEALS FOR THE 15,589 15,589
ARMED FORCES, DEFENSE........
SUBTOTAL US COURT OF APPEALS 15,589 15,589
FOR THE ARMED FORCES, DEF....
TOTAL MISCELLANEOUS 15,589 15,589
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
010 OVERSEAS HUMANITARIAN, 110,051 150,051
DISASTER AND CIVIC AID.......
Program increase.............. [40,000]
SUBTOTAL OVERSEAS 110,051 150,051
HUMANITARIAN, DISASTER, AND
CIVIC AID....................
TOTAL MISCELLANEOUS 110,051 150,051
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 239,849 344,849
[[Page H7171]]
Program increase--Biological [105,000]
Threat Reduction Program.....
SUBTOTAL COOPERATIVE THREAT 239,849 344,849
REDUCTION ACCOUNT............
TOTAL MISCELLANEOUS 239,849 344,849
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 54,679 54,679
SUBTOTAL ACQUISITION WORKFORCE 54,679 54,679
DEVELOPMENT..................
TOTAL MISCELLANEOUS 54,679 54,679
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION,
ARMY
050 ENVIRONMENTAL RESTORATION, 200,806 299,606
ARMY.........................
Program increase for PFAS..... [98,800]
SUBTOTAL ENVIRONMENTAL 200,806 299,606
RESTORATION, ARMY............
TOTAL MISCELLANEOUS 200,806 299,606
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION,
NAVY
060 ENVIRONMENTAL RESTORATION, 298,250 465,550
NAVY.........................
Program increase for PFAS..... [167,300]
SUBTOTAL ENVIRONMENTAL 298,250 465,550
RESTORATION, NAVY............
TOTAL MISCELLANEOUS 298,250 465,550
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, AIR
FORCE
070 ENVIRONMENTAL RESTORATION, AIR 301,768 476,768
FORCE........................
Program increase for PFAS..... [175,000]
SUBTOTAL ENVIRONMENTAL 301,768 476,768
RESTORATION, AIR FORCE.......
TOTAL MISCELLANEOUS 301,768 476,768
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION,
DEFENSE
080 ENVIRONMENTAL RESTORATION, 8,783 10,979
DEFENSE......................
Program increase.............. [2,196]
SUBTOTAL ENVIRONMENTAL 8,783 10,979
RESTORATION, DEFENSE.........
TOTAL MISCELLANEOUS 8,783 10,979
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION 218,580 292,580
FORMERLY USED SITES..........
Program increase for PFAS..... [74,000]
SUBTOTAL ENVIRONMENTAL 218,580 292,580
RESTORATION FORMERLY USED
SITES........................
TOTAL MISCELLANEOUS 218,580 292,580
APPROPRIATIONS...............
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE... 300,000
Program increase.............. [50,000]
Transfer from Defense Security [250,000]
Cooperation Agency...........
TOTAL UKRAINE SECURITY 300,000
ASSISTANCE...................
TOTAL OPERATION & MAINTENANCE. 253,623,852 255,404,231
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 157,947,920 157,567,460
ARNG CBRN Response Forces Readiness... [9,200]
Manpower costs associated with [45,000]
retaining two cruisers...............
A-10/F-35 Active duty maintainers..... [93,000]
Military personnel historical [-527,660]
underexecution.......................
Medicare-Eligible Retiree Health Care 9,337,175 9,337,175
Fund Contributions...................
TOTAL, Military Personnel........... 167,285,095 166,904,635
------------------------------------------------------------------------
[[Page H7172]]
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 26,935 26,935
ARMY SUPPLY MANAGEMENT................ 357,776 357,776
TOTAL WORKING CAPITAL FUND, ARMY... 384,711 384,711
WORKING CAPITAL FUND, NAVY
SUPPLY MANAGEMENT--NAVY............... 150,000 150,000
TOTAL WORKING CAPITAL FUND, NAVY... 150,000 150,000
WORKING CAPITAL FUND, AIR FORCE
SUPPLY MANAGEMENT..................... 77,453 77,453
TOTAL WORKING CAPITAL FUND, AIR 77,453 77,453
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
ENERGY MANAGEMENT--DEFENSE............ 40,000 40,000
SUPPLY CHAIN MANAGEMENT--DEFENSE...... 87,765 87,765
TOTAL WORKING CAPITAL FUND, DEFENSE- 127,765 127,765
WIDE...............................
WORKING CAPITAL FUND, DECA
COMMISSARY OPERATIONS................. 1,162,071 1,162,071
TOTAL WORKING CAPITAL FUND, DECA... 1,162,071 1,162,071
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 93,121 93,121
CHEM DEMILITARIZATION--RDT&E.......... 1,001,231 1,001,231
TOTAL CHEM AGENTS & MUNITIONS 1,094,352 1,094,352
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 593,250 593,250
DRUG DEMAND REDUCTION PROGRAM......... 126,024 126,024
NATIONAL GUARD COUNTER-DRUG PROGRAM... 96,970 96,970
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,664 5,664
TOTAL DRUG INTERDICTION & CTR-DRUG 821,908 821,908
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 434,700 434,700
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,218 1,218
OFFICE OF THE INSPECTOR GENERAL--RDTE. 2,365 2,365
OFFICE OF THE INSPECTOR GENERAL-- 80 80
PROCUREMENT..........................
TOTAL OFFICE OF THE INSPECTOR 438,363 438,363
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,720,004 9,587,742
Assumptions for care............. [-27,800]
Excess funding for capability [-104,462]
replacement......................
PRIVATE SECTOR CARE................... 18,092,679 18,068,879
Unjustified support services [-23,800]
growth...........................
CONSOLIDATED HEALTH SUPPORT........... 1,541,122 1,556,522
Assumptions for care............. [-14,600]
Program increase: Anomalous [30,000]
health incidents care capacity...
INFORMATION MANAGEMENT................ 2,233,677 2,233,677
MANAGEMENT ACTIVITIES................. 335,138 335,138
EDUCATION AND TRAINING................ 333,234 333,234
BASE OPERATIONS/COMMUNICATIONS........ 1,926,865 1,921,865
Program decrease................. [-5,000]
R&D RESEARCH.......................... 9,091 9,091
R&D EXPLORATRY DEVELOPMENT............ 75,463 75,463
R&D ADVANCED DEVELOPMENT.............. 235,556 235,556
R&D DEMONSTRATION/VALIDATION.......... 142,252 142,252
R&D ENGINEERING DEVELOPMENT........... 101,054 101,054
R&D MANAGEMENT AND SUPPORT............ 49,645 49,645
R&D CAPABILITIES ENHANCEMENT.......... 17,619 17,619
UNDISTRIBUTED RDT&E................... 12,500
Combat triple negative breast [10,000]
cancer...........................
Post-traumatic stress disorder... [2,500]
PROC INITIAL OUTFITTING............... 20,926 20,926
PROC REPLACEMENT & MODERNIZATION...... 250,366 250,366
PROC MILITARY HEALTH SYSTEM--DESKTOP 72,302 72,302
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 435,414 435,414
MODERNIZATION........................
TOTAL DEFENSE HEALTH PROGRAM....... 35,592,407 35,459,245
TOTAL OTHER AUTHORIZATIONS......... 39,849,030 39,715,868
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
[[Page H7173]]
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2022 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alabama
Army Fort Rucker AIT Barracks Complex....... 0 66,000
Army Redstone Arsenal Propulsion Systems Lab..... 55,000 55,000
Belgium
Army Shape Headquarters Command and Control 16,000 16,000
Facility.
California
Army Fort Irwin Simulations Center......... 52,000 52,000
Georgia
Army Fort Gordon Cyber Center of Excellence 0 3,670
School Headquarters and
Classrooms (P&D).
Army Fort Gordon Cyber Instructional Fac 69,000 69,000
(Admin/Cmd), Inc. 2.
Army Fort Stewart Barracks................... 0 105,000
Germany
Army East Camp Grafenwoehr EDI: Barracks and Dining 103,000 103,000
Facility.
Army Smith Barracks Indoor Small Arms Range.... 17,500 17,500
Army Smith Barracks Live Fire Exercise 16,000 16,000
Shoothouse.
Hawaii
Army Fort Shafter Ctc--Command and Control 0 55,000
Facility.
Army Wheeler Army Airfield Rotary Wing Parking Apron.. 0 56,000
Army Wheeler Army Airfield Aviation Unit OPS Building. 0 84,000
Army West Loch Nav Mag Ammunition Storage......... 51,000 51,000
Annex
Kansas
Army Fort Leavenworth Child Development Center... 0 34,000
Kentucky
Army Fort Knox Child Development Center... 0 27,000
Louisiana
Army Fort Polk Joint Operations Center.... 55,000 55,000
Army Fort Polk Barracks................... 0 56,000
Maryland
Army Aberdeen Proving Moving Target Simulator 0 0
Ground (Combat Systems Simulation
Laboratory).
Army Fort Detrick Medical Waste Incinerator.. 0 23,981
Army Fort Detrick USAMRMC Headquarters....... 0 0
Army Fort Meade Barracks................... 81,000 81,000
Mississippi
Army Engineer Research and Communications Center...... 0 0
Development Center
Army Engineer Research and Rtd&e (Risk Lab)........... 0 0
Development Center
Missouri
Army Fort Leonard Wood Advanced Individual 0 4,000
Training Battalion Complex
(P&D).
New Jersey
Army Picatinny Arsenal Igloo Storage, Installation 0 0
New Mexico
Army White Sands Missile Missile Assembly Support 0 29,000
Range Facility.
New York
Army Fort Hamilton Information Systems 26,000 26,000
Facility.
Army West Point Military Ctc--Engineering Center.... 0 17,200
Reservation
Army Watervliet Arsenal Access Control Point....... 20,000 20,000
Pennsylvania
Army Letterkenny Army Depot Fire Station............... 21,000 21,000
South Carolina
Army Fort Jackson Reception Barracks Complex, 34,000 34,000
Ph2, Inc. 2.
Army Fort Jackson Ctc- Reception Barracks, 0 21,000
Ph1.
Texas
Army Camp Bullis Ctc- Vehicle Maintenance 0 16,400
Shop.
Army Fort Hood Barracks................... 0 61,000
Army Fort Hood Barracks................... 0 69,000
Virginia
Army Joint Base Langley- AIT Barracks Complex, Ph4.. 0 16,000
Eustis
Worldwide Classified
Army Classified Location Forward Operating Site..... 31,000 31,000
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support........ 27,000 27,000
Locations
Army Unspecified Worldwide Minor Construction......... 35,543 35,543
Locations
Army Unspecified Worldwide Planning and Design........ 124,649 134,649
Locations
Army Worldwide Various Labs and RDT&E Planning and 0 45,000
Locations Design Unfunded
Requirement.
Army Worldwide Various Cost to Complete-- 0 69,000
Locations Unspecified Minor
Construction.
........................
Military Construction, Army Total 834,692 1,727,943
......................
Arizona
Navy Marine Corps Air Combat Training Tank 0 29,300
Station Yuma Complex.
Navy Marine Corps Air Bachelor Enlisted Quarters. 0 0
Station Yuma
California
Navy Marine Corps Base Camp I MEF Consolidated 19,869 19,869
Pendleton Information Center Inc..
Navy Marine Corps Base Camp Warehouse Replacement...... 0 22,200
Pendleton
Navy Marine Corps Base Camp Basilone Road Realignment.. 0 0
Pendleton
Navy Marine Corps Air F-35 Centralized Engine 0 31,400
Station Miramar Repair Facility.
Navy Marine Corps Air Aircraft Maintenance Hangar 0 185,991
Station Miramar
[[Page H7174]]
Navy Naval Air Station F-35C Hangar 6 Phase 2 (Mod 75,070 50,000
Lemoore 3/4) Inc..
Navy Marine Corps Air Cost to Complete-- 0 45,000
Ground Combat Center Wastewater Treatment Plant.
Navy Naval Base Ventura Combat Vehicle Maintenance 0 48,700
County Facility.
Navy Naval Base Ventura MQ-25 Aircraft Maintenance 0 125,291
County Hangar.
Navy Naval Base Coronado CMV-22B Aircraft 0 63,600
Maintenance Hangar.
Navy Marine Corps Base Camp CLB MEU Complex............ 0 83,900
Pendleton
Navy Marine Corps Reserve Recruit Mess Hall 0 93,700
Depot San Diego Replacement.
Navy Naval Information Reconfigurable Cyber 0 0
Warfare Center Laboratory.
Pacific
Navy Naval Weapons Station Missile Magazines Inc...... 10,840 10,840
Seal Beach
Navy Naval Base San Diego Pier 6 Replacement Inc..... 50,000 50,000
Navy San Nicholas Island Directed Energy Weapons 19,907 19,907
Test Facilities.
District of Columbia
Navy Naval Research Electromagnetic & Cyber 0 0
Laboratory Countermeasures Laboratory.
Navy Naval Research Biomolecular Science & 0 0
Laboratory Synthetic Biology
Laboratory.
El Salvador
Navy Cooperative Security Hangar and Ramp Expansion.. 0 0
Location Comalapa
Florida
Navy Naval Air Station Planning and Design for 0 7,000
Jacksonville Lighterage and Small Craft.
Navy Naval Surface Warfare Unmanned Vehicle Littoral 0 0
Center Panama City Combat Space.
Division
Navy Naval Surface Warfare Mine Warfare RDT&E Facility 0 0
Center Panama City
Division
Navy Naval Undersea Warfare AUTEC Pier Facility 1902... 0 37,980
Center Panama City
Division
Navy Marine Corps Support Lighterage and Small Craft 0 69,400
Facility Blount Facility.
Island
Navy Naval Undersea Warfare Array Calibration Facility. 0 0
Center Panama City
Division
Greece
Navy Naval Support Activity EDI: Joint Mobility 41,650 41,650
Souda Bay Processing Center.
Guam
Navy Andersen Air Force Aviation Admin Building.... 50,890 50,890
Base
Navy Joint Region Marianas 4th Marines Regiment 109,507 65,000
Facilities.
Navy Joint Region Marianas Bachelor Enlisted Quarters 43,200 43,200
H Inc..
Navy Joint Region Marianas Combat Logistics Batallion- 92,710 49,710
4 Facility.
Navy Joint Region Marianas Consolidated Armory........ 43,470 43,470
Navy Joint Region Marianas Infantry Battalion Company 44,100 44,100
HQ.
Navy Joint Region Marianas Joint Communication Upgrade 84,000 84,000
Inc..
Navy Joint Region Marianas Marine Expeditionary 66,830 66,830
Brigade Enablers.
Navy Joint Region Marianas Principal End Item (PEI) 47,110 47,110
Warehouse.
Navy Joint Region Marianas X-Ray Wharf Berth 2........ 103,800 51,900
Hawaii
Navy Marine Corps Training Perimeter Security Fence... 0 6,220
Area Bellows
Navy Marine Corps Base Bachelor Enlisted Quarters, 0 101,200
Kaneohe Ph 2 Inc,.
Navy Marine Corps Base Electrical Distribution 0 64,500
Kaneohe Modernization.
Indiana
Navy Naval Surface Warfare Strategic Systems 0 0
Center Crane Division Engineering & Hardware
Assurance Center.
Navy Naval Surface Warfare Corporate Operations and 0 0
Center Crane Division Training Center.
Navy Naval Surface Warfare Anti-Ship Missile Defense 0 0
Center Crane Division Life Cycle Integration and
Test Center.
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3) 15,292 15,292
Yokosuka Inc..
Navy Fleet Activities Ship Handling & Combat 49,900 49,900
Yokosuka Training Facilities.
Maine
Navy Naval Support Activity Firehouse (P&D)............ 0 2,500
Cutler
Navy Portsmouth Naval Multi-Mission Drydock #1 250,000 250,000
Shipyard Extension Inc..
Navy Portsmouth Naval Multi-Mission Drydock #1 0 0
Shipyard Extension Inc.--Navy #1
Ufr.
Maryland
Navy Naval Air Station Planning and Design for 0 1,500
Patuxent River Aircraft Prototyping
Facility, Ph 3.
Navy Naval Air Warfare Aircraft Prototyping 0 0
Center Aircraft Facility, Ph 3.
Division
Navy Naval Air Warfare Rotary Wing T&E Hangar 0 0
Center Aircraft Replacement.
Division
Navy Naval Surface Warfare Ship Systems Design & 0 0
Center Carderock Integration Facility.
Division
Navy Naval Surface Warfare ARD Range Craft Berthing 0 0
Center Carderock Facility.
Division
Navy Naval Surface Warfare Navy Combatant Craft 0 0
Center Carderock Laboratory.
Division
Navy Naval Surface Warfare Planning and Design for 0 1,500
Center Indian Head Contained Burn Facility.
[[Page H7175]]
Navy Naval Surface Warfare Energetic Systems and 0 0
Center Indian Head Technology Laboratory
Complex, Ph 2.
Navy Naval Surface Warfare Contained Burn Facility.... 0 0
Center Indian Head
Navy Naval Surface Warfare Energetic Chemical Scale-up 0 0
Center Indian Head Facility.
Navy Naval Surface Warfare Energetics Prototyping 0 0
Center Indian Head Facility.
Navy Naval Surface Warfare Energetic Systems and 0 0
Center Indian Head Technology Laboratory
Complex, Ph 3.
Nevada
Navy Naval Air Station Training Range Land 48,250 0
Fallon Acquisition--Ph 2.
North Carolina
Navy Marine Corps Base Camp Cost to Complete--Water 0 64,200
Lejeune Treatment Plant
Replacement Hadnot Pt.
Navy Marine Corps Base Camp II MEF Operations Center 42,200 42,200
Lejeune Replacement Inc..
Navy Marine Corps Air Aircraft Maintenance Hangar 207,897 57,897
Station Cherry Point
Navy Marine Corps Air F-35 Flightline Utilities 113,520 30,000
Station Cherry Point Modernization Ph 2.
Navy Marine Corps Air F-35 Joint Strike Fighter 0 10,000
Station Cherry Point Sustainment Center (P-993)
(P&D).
Navy Marine Corps Air Ctc--ATC Tower and Airfield 0 18,700
Station Cherry Point Operations.
Navy Marine Corps Air Maintenance Hangar (P&D)... 0 13,300
Station New River
Navy Marine Corps Air Aircraft Maintenance Hangar 0 2,700
Station New River Addition/Alteration (P&D).
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 77,290
Center Philadelphia Development Center.
Division
Navy Naval Surface Warfare Machinery Integration Lab, 0 0
Center Philadelphia Ph 1.
Division
Navy Naval Surface Warfare Power & Energy Tech Systems 0 0
Center Philadelphia Integration Lab.
Division
Poland
Navy Redzikowo AEGIS Ashore Barracks 0
Planning and Design.
Rhode Island
Navy Naval Station Newport Next Generation Torpedo 0 1,200
Integration Lab (P&D).
Navy Naval Station Newport Submarine Payloads 0 1,400
Integration Laboratory
(P&D).
Navy Naval Station Newport Consolidated RDT&E Systems 0 1,700
Facility (P&D).
Navy Naval Station Newport Next Generation Secure 0 4,000
Submarine Platform
Facility (P&D).
Navy Naval Undersea Warfare Next Generation Secure 0 0
Center Newport Submarine Platform
Division Facility.
Navy Naval Undersea Warfare Next Generation Torpedo 0 0
Center Newport Integration Lab.
Division
Navy Naval Undersea Warfare Submarine Payloads 0 0
Center Newport Integration Facility.
Division
Navy Naval Undersea Warfare Consolidation RDT&E Systems 0 0
Center Newport Facility.
Division
South Carolina
Navy Marine Corps Air Instrument Landing System.. 0 3,000
Station Beaufort
Navy Marine Corps Air F-35 Operational Support 0 4,700
Station Beaufort Facility.
Navy Marine Corps Air Ctc--Recycling/Hazardous 0 5,000
Station Beaufort Waste Facility.
Navy Marine Corps Air Aircraft Maintenance Hangar 0 122,600
Station Beaufort
Navy Marine Corps Reserve Entry Control Facility..... 0 6,000
Depot Parris Island
Spain
Navy Naval Station Rota EDI: Explosive Ordnance 0 85,600
Disposal (EOD) Mobile Unit
Facilities.
Texas
Navy Naval Air Station Planning and Design for 0 2,500
Kingsville Fire Rescue Safety Center.
Virginia
Navy Naval Station Norfolk CMV-22 Aircraft Maintenance 0 75,100
Hangar and Airfield
Improvement.
Navy Naval Station Norfolk Submarine Pier 3 Inc....... 88,923 43,923
Navy Naval Surface Warfare Cyber Threat & Weapon 0 0
Center Dahlgren Systems Engineering
Division Complex.
Navy Naval Surface Warfare High Powered Electric 0 0
Center Dahlgren Weapons Laboratory.
Division
Navy Norfolk Naval Shipyard Dry Dock Saltwater System 156,380 30,000
for CVN-78.
Navy Marine Corps Base Vehicle Inspection and 42,850 42,850
Quantico Visitor Control Center.
Navy Marine Corps Base Wargaming Center Inc....... 30,500 30,500
Quantico
Navy Naval Weapons Station Navy Munitions Command 0 93,500
Yorktown (Nmc) Ordnance Facilities
Recap, Phase 2.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design........ 363,252 413,252
Locations
Navy Unspecified Worldwide Shipyard Investment 0 225,000
Locations Optimization Program.
Navy Unspecified Worldwide Shipyard Investment 0 62,820
Locations Optimization Program--
Planning and Design.
[[Page H7176]]
Navy Unspecified Worldwide Unspecified Minor 56,435 56,435
Locations Construction.
Navy Worldwide Various PDI: Planning and Design 0 68,200
Locations Unfunded Requirement.
Navy Worldwide Various Unspecified Minor 0 75,000
Locations Construction.
Navy Worldwide Various Labs and RDT&E Planning and 0 50,000
Locations Design Unfunded
Requirement.
........................
Military Construction, Navy Total 2,368,352 3,895,117
......................
Alaska
AF Eielson Air Force Base Contaminated Soil Removal.. 0 44,850
AF Joint Base Elmendorf- Extend Runway 16/34, Inc. 1 79,000 79,000
Richardson
Arizona
AF Davis-Monthan Air South Wilmot Gate.......... 13,400 13,400
Force Base
AF Luke Air Force Base F-35A ADAL AMU Facility 28,000 28,000
Squadron #6.
AF Luke Air Force Base F-35A Squadron Operations 21,000 21,000
Facility #6.
Australia
AF Royal Australian Air Squadron Operations 7,400 7,400
Force Base Darwin Facility.
AF Royal Australian Air Aircraft Maintenance 6,200 6,200
Force Base Tindal Support Facility.
AF Royal Australian Air Squadron Operations 8,200 8,200
Force Base Tindal Facility.
California
AF Edwards Air Force Base Flight Test Engineering Lab 4,000 4,000
Complex.
AF Edwards Air Force Base Upgrade Munitions Complex.. 0 0
AF Edwards Air Force Base Rocket Engineering, 0 0
Analysis, and
Collaboration Hub (Reach).
AF Vandenberg Space Force GBSD Re-Entry Vehicle 48,000 48,000
Base Facility.
AF Vandenberg Space Force GBSD Stage Processing 19,000 19,000
Base Facility.
Colorado
AF Schriever Space Force ADAL Fitness Center........ 0 30,000
Base
AF United States Air Add High Bay Vehicle 0 4,360
Force Academy Maintenance.
AF United States Air Cadet Prep School Dormitory 0 0
Force Academy
District of Columbia
AF Joint Base Anacostia Joint Air Defense 24,000 24,000
Bolling Operations Center Ph 2.
Florida
AF Eglin Air Force Base Weapons Technology 0 40,000
Integration Center (P&D).
AF Eglin Air Force Base HC-Blackfyre Facilities.... 0 0
AF Eglin Air Force Base JADC2 & Abms Test Facility. 0 0
AF Eglin Air Force Base F-35A Development/ 0 4,000
Operational Test 2-Bay
Hangar (P&D).
AF Eglin Air Force Base Ctc--Advanced Munitions 0 35,000
Technology Complex.
AF Eglin Air Force Base Integrated Control Facility 0 0
AF Eglin Air Force Base F-35A Development Test 2- 0 0
Bay MX Hangar.
AF Eglin Air Force Base Flightline Fire Station at 0 14,000
Duke Field.
Georgia
AF Moody Air Force Base 41 Rqs Hh-60w Apron........ 0 0
Germany
AF Spangdahlem Air Base F/a-22 LO/Composite Repair 22,625 22,625
Facility.
Guam
AF Joint Region Marianas Airfield Damage Repair 30,000 30,000
Warehouse.
AF Joint Region Marianas Hayman Munitions Storage 9,824 9,824
Igloos, MSA2.
AF Joint Region Marianas Munitions Storage Igloos IV 55,000 55,000
Hawaii
AF Maui Experimental Site Secure Integration Support 0 8,800
#3 Lab W/ Land Acquisition
(P&D).
Hungary
AF Kecskemet Air Base EDI: Construct Airfield 20,564 20,564
Upgrades.
AF Kecskemet Air Base EDI: Construct Parallel 38,650 38,650
Taxiway.
Italy
AF Aviano Air Force Base Area A1 Entry Control Point 0 10,200
Japan
AF Kadena Air Base Airfield Damage Repair 38,000 38,000
Storage Facility.
AF Kadena Air Base Helicopter Rescue OPS 168,000 35,000
Maintenance Hangar.
AF Kadena Air Base Replace Munitions 26,100 26,100
Structures.
AF Misawa Air Base Airfield Damage Repair 25,000 25,000
Facility.
AF Yokota Air Base C-130J Corrosion Control 67,000 67,000
Hangar.
AF Yokota Air Base Airfield Damage Repair 0 39,000
Warehouse.
AF Yokota Air Base Construct CATM Facility.... 25,000 25,000
Louisiana
AF Barksdale Air Force Weapons Generation 40,000 40,000
Base Facility, Inc. 1.
AF Barksdale Air Force New Entrance Road and Gate 0 36,000
Base Complex--Ctc.
Maryland
AF Joint Base Andrews Fire Crash Rescue Station.. 26,000 26,000
AF Joint Base Andrews Military Working Dog 0 10,000
Kennel--Ctc.
Massachusetts
AF Hanscom Air Force Base NC3 Acquisitions Management 66,000 66,000
Facility.
Nebraska
AF Offutt Air Force Base Replace Trestle F312....... 0 0
Nevada
AF Creech Air Force Base Warrior Fitness Training 0 2,200
Center (P&D).
AF Creech Air Force Base Mission Support Facility... 0 14,200
New Mexico
AF Cannon Air Force Base 192 Bed Dormitory (P&D).... 0 5,568
AF Cannon Air Force Base Deployment Processing 0 5,976
Center (P&D).
AF Holloman Air Force Indoor Target Flip Facility 0 2,340
Base (P&D).
[[Page H7177]]
AF Holloman Air Force RAMS Indoor Target Flip 0 0
Base Facility.
AF Holloman Air Force Holloman High Speed Test 0 0
Base Track Recapitalization.
AF Holloman Air Force ADAL Fabrication Shop...... 0 0
Base
AF Holloman Air Force MQ-9 Formal Training Unit 0 0
Base Operations Facility.
AF Kirtland Air Force Dedicated Facility for the 0 5,280
Base Space Rapid Capabilities
Office (P&D).
AF Kirtland Air Force Ctc--Wyoming Gate 0 5,600
Base Antiterrorism Compliance.
AF Kirtland Air Force Pj/Cro Urban Training 0 810
Base Complex (P&D).
AF Kirtland Air Force High Power Electromagnetic 0 0
Base (HPEM) Laboratory.
AF Kirtland Air Force Laser Effects & Simulation 0 0
Base Laboratory.
AF Kirtland Air Force ADAL Systems & Engineering 0 0
Base Lab.
New Jersey
AF Joint Base McGuire-Dix- SFS OPS Confinement 0 450
Lakehurst Facility (P&D).
Ohio
AF Wright-Patterson Air Child Development Center... 0 24,000
Force Base
AF Wright-Patterson Air Human Performance Wing 0 0
Force Base Laboratory.
AF Wright-Patterson Air Bionatronics Research 0 0
Force Base Center Laboratory.
Oklahoma
AF Tinker Air Force Base KC-46A 3-Bay Depot 160,000 60,000
Maintenance Hangar.
South Carolina
AF Joint Base Charleston Flightline Support Facility 0 29,000
AF Joint Base Charleston Fire and Rescue Station.... 0 30,000
South Dakota
AF Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 41,000
Base Facility, Inc. 2.
AF Ellsworth Air Force B-21 ADAL Flight Simulator. 24,000 24,000
Base
AF Ellsworth Air Force B-21 Field Training 47,000 47,000
Base Detachment Facility.
AF Ellsworth Air Force B-21 Formal Training Unit/ 70,000 70,000
Base AMU.
AF Ellsworth Air Force B-21 Mission Operations 36,000 36,000
Base Planning Facility.
AF Ellsworth Air Force B-21 Washrack & Maintenance 65,000 65,000
Base Hangar.
Spain
AF Moron Air Base EDI-Hot Cargo Pad.......... 8,542 8,542
Tennessee
AF Arnold Air Force Base Cooling Water Expansion, 0 0
Rowland Creek.
AF Arnold Air Force Base Add/Alter Test Cell 0 14,600
Delivery Bay.
AF Arnold Air Force Base Primary Pumping Station 0 0
Upgrades.
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 7.... 141,000 40,000
AF Joint Base San Antonio BMT Recruit Dormitory 8, 31,000 31,000
Inc. 3.
AF Joint Base San Child Development Center... 0 29,000
Antonio--Fort Sam
Houston
AF Joint Base San Directed Energy Research 0 0
Antonio--Fort Sam Center.
Houston
AF Joint Base San Child Development Center... 0 29,000
Antonio--Lackland Air
Force Base
AF Sheppard Air Force Child Development Center... 20,000 20,000
Base
United Kingdom
AF Royal Air Force EDI: Construct DABS-FEV 94,000 94,000
Fairford Storage.
AF Royal Air Force F-35A Child Development 0 24,000
Lakenheath Center.
AF Royal Air Force F-35A Munition Inspection 31,000 31,000
Lakenheath Facility.
AF Royal Air Force F-35 ADAL Conventional 0 4,500
Lakenheath Munitions MX.
AF Royal Air Force F-35A Weapons Load Training 49,000 49,000
Lakenheath Facility.
Utah
AF Hill Air Force Base GBSD Organic Software 31,000 31,000
Sustainment Ctr, Inc. 2.
Virginia
AF Joint Base Langley- Fuel Systems Maintenance 0 24,000
Eustis Dock.
Worldwide Unspecified
AF Various Worldwide EDI: Planning & Design..... 648 10,648
Locations
AF Various Worldwide PDI: Planning & Design..... 27,200 47,200
Locations
AF Various Worldwide Planning & Design.......... 201,453 201,453
Locations
AF Various Worldwide Intelligence, Surveillance, 0 20,000
Locations and Reconnaissance
Infrastructure Planning
and Design.
AF Various Worldwide Cost to Complete--Natural 0 100,000
Locations Disaster Conus-Based
Projects.
AF Various Worldwide EDI: UMMC.................. 0 15,000
Locations
AF Various Worldwide Unspecified Minor Military 58,884 58,884
Locations Construction.
AF Worldwide Various Labs and RDT&E Planning and 0 75,000
Locations Design Unfunded
Requirement.
........................
Military Construction, Air Force Total 2,102,690 2,485,424
......................
Alabama
Def-Wide Fort Rucker 10 MW RICE Generator Plant 0 24,000
and Microgrid Controls.
Def-Wide Redstone Arsenal Msic Advanced Analysis 0 25,000
Facility Phase 1 (Inc).
Belgium
Def-Wide Chievres Air Force Europe West District 15,000 15,000
Base Superintendent's Office.
California
Def-Wide Marine Corps Base Camp Veterinary Treatment 13,600 13,600
Pendleton Facility Replacement.
Def-Wide Silver Strand Training SOF ATC Operations Support 21,700 21,700
Complex Facility.
Def-Wide Silver Strand Training SOF NSWG11 Operations 12,000 12,000
Complex Support Facility.
Def-Wide Marine Corps Air Additional LFG Power Meter 0 4,054
Station Miramar Station.
Def-Wide Naval Air Weapons Solar Energy Storage System 0 9,120
Station China Lake
[[Page H7178]]
Def-Wide Naval Amphibious Base Ctc- SOF Training Command.. 0 20,500
Coronado
Colorado
Def-Wide Buckley Air Force Base JCC Expansion.............. 20,000 20,000
District of Columbia
Def-Wide Joint Base Anacostia- DIA HQ Cooling Towers and 0 2,257
Bolling Cond Pumps.
Def-Wide Joint Base Anacostia- PV Carports................ 0 29,004
Bolling
Florida
Def-Wide MacDill Air Force Base Transmission and Switching 0 22,000
Stations.
Georgia
Def-Wide Fort Benning 4.8 MW Generation and 0 17,593
Microgrid.
Def-Wide Fort Benning SOF Battalion Headquarters 62,000 62,000
Facility.
Def-Wide Fort Stewart 10 MW Generation Plant, 0 22,000
With Microgrid Controls.
Def-Wide Kings Bay Naval Electrical Transmission and 0 19,314
Submarine Base Distribution.
Germany
Def-Wide Ramstein Air Base Ramstein Middle School..... 93,000 13,000
Guam
Def-Wide Polaris Point Inner Apra Harbor 0 38,300
Submarine Base Resiliency Upgrades Ph1.
Hawaii
Def-Wide Hdr-Hawaii Homeland Defense Radar 0 9,000
(P&D).
Def-Wide Joint Base Pearl Veterinary Treatment 29,800 29,800
Harbor-Hickam Facility Replacement.
Idaho
Def-Wide Mountain Home Air Water Treatment Plant and 0 33,800
Force Base Pump Station.
Japan
Def-Wide Marine Corps Air Base Fuel Pier.................. 57,700 57,700
Iwakuni
Def-Wide Kadena Air Base Operations Support Facility 24,000 24,000
Def-Wide Kadena Air Base Truck Unload Facilities.... 22,300 22,300
Def-Wide Misawa Air Base Additive Injection Pump and 6,000 6,000
Storage Sys.
Def-Wide Naval Air Facility Smart Grid for Utility and 0 3,810
Atsugi Facility Controls.
Def-Wide Yokota Air Base Hangar/AMU................. 108,253 31,653
Kuwait
Def-Wide Camp Arifjan Microgrid Controller, 1.25 0 15,000
MW Solar PV, and 1.5 MWH
Battery.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition / 153,233 153,233
Hospital Alteration, Inc. 5.
Def-Wide Fort Meade NSAW Mission OPS and 94,000 94,000
Records Center Inc. 1.
Def-Wide Fort Meade NSAW Recap Building 4, Inc. 104,100 104,100
1.
Def-Wide Fort Meade SOF Operations Facility.... 100,000 75,000
Michigan
Def-Wide Camp Grayling 650 KW Gas-Fired Micro- 0 5,700
Turbine Generation System.
Mississippi
Def-Wide Camp Shelby 10 MW Generation Plant an 0 34,500
Feeder Level Microgrid
System.
Def-Wide Camp Shelby Electrical Distribution 0 11,155
Infrastructure
Undergrounding Hardening
Project.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 160,000 160,000
4.
New Mexico
Def-Wide Kirtland Air Force Environmental Health 8,600 8,600
Base Facility Replacement.
New York
Def-Wide Fort Drum Wellfield Expansion 0 27,000
Resiliency Project.
North Carolina
Def-Wide Camp Lejeune Ctc--SOF Motor Transport 0 0
Maintenance Expansion.
Def-Wide Fort Bragg Ctc--SOF Intelligence 0 0
Training Center.
Def-Wide Fort Bragg 10 MW Microgrid Utilizing 0 19,464
Existing and New
Generators.
Def-Wide Fort Bragg Emergency Water System..... 0 7,705
North Dakota
Def-Wide Cavalier Air Force Pcars Emergency Power Plant 0 24,150
Station Fuel Storage.
Ohio
Def-Wide Springfield-Beckley Base-Wide Microgrid With 0 4,700
Municipal Airport Natural Gas Generator,
Photovaltaic, and Battery
Storage.
Puerto Rico
Def-Wide Fort Allen Microgrid Conrol System, 0 12,190
690 KW PV, 275 KW Gen, 570
Kwh Bess.
Def-Wide Punta Borinquen Ramey Unit School 84,000 84,000
Replacement.
Def-Wide Aguadilla Ramey Unit Microgrid Conrol System, 0 10,120
School 460 KW PV, 275 KW
Generator, 660 Kwh Bess.
Tennessee
Def-Wide Memphis International PV Arrays and Battery 0 4,780
Airport Storage.
Texas
Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 4 35,000 35,000
United Kingdom
Def-Wide Menwith Hill Station Rafmh Main Gate 20,000 20,000
Rehabilitation.
Def-Wide Royal Air Force Hospital Replacement- 19,283 19,283
Lakenheath Temporary Facilities.
Virginia
Def-Wide Fort Belvoir Veterinary Treatment 29,800 29,800
Facility Replacement.
Def-Wide Humphries Engineer SOF Battalion Operations 0 36,000
Center and Support Facility.
Activity
Def-Wide Pentagon Consolidated Maintenance 20,000 20,000
Complex (RRMC).
Def-Wide Pentagon Force Protection Perimeter 8,608 8,608
Enhancements.
Def-Wide Pentagon Public Works Support 21,935 21,935
Facility.
Def-Wide Fort Belvoir, NGA Led Upgrade Package........ 0 365
Campus East
Def-Wide Pentagon, Mark Center, Recommisioning of Hvac 0 2,600
and Raven Rock Systems, Part B.
Mountain Complex
Def-Wide National Geospatial- Electrical System 0 5,299
Intelligence Agency Redundancy.
Campus East
[[Page H7179]]
Washington
Def-Wide Oak Harbor ACC / Dental Clinic (Oak 59,000 59,000
Harbor).
Worldwide Unspecified
Def-Wide Unspecified Worldwide DIA Planning and Design.... 11,000 11,000
Locations
Def-Wide Unspecified Worldwide DODEA Planning and Design.. 13,317 13,317
Locations
Def-Wide Unspecified Worldwide DODEA Unspecified Minor 8,000 8,000
Locations Construction.
Def-Wide Unspecified Worldwide ERCIP Design............... 40,150 40,150
Locations
Def-Wide Unspecified Worldwide Energy Resilience and 246,600 0
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide Exercise Related Minor 5,615 5,615
Locations Construction.
Def-Wide Unspecified Worldwide MDA Unspecified Minor 4,435 4,435
Locations Construction.
Def-Wide Unspecified Worldwide NSA Planning and Design.... 83,840 83,840
Locations
Def-Wide Unspecified Worldwide NSA Unspecified Minor 12,000 12,000
Locations Military Construction.
Def-Wide Unspecified Worldwide Planning and Design........ 14,194 14,194
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 21,746 21,746
Locations Military Construction.
Def-Wide Unspecified Worldwide TJS Planning and Design.... 2,000 2,000
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide WHS Planning and Design.... 5,275 5,275
Locations
Def-Wide Various Worldwide DHA Planning and Design.... 35,099 35,099
Locations
Def-Wide Various Worldwide DLA Planning and Design.... 20,862 20,862
Locations
Def-Wide Various Worldwide DLA Unspecified Minor 6,668 6,668
Locations Construction.
Def-Wide Various Worldwide SOCOM Planning and Design.. 20,576 20,576
Locations
........................
Military Construction, Defense-Wide Total 1,957,289 2,029,569
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 205,853 205,853
Investment Program Program.
........................
NATO Security Investment Program Total 205,853 205,853
......................
Alabama
Army NG Redstone Arsenal National Guard Readiness 0 17,000
Center.
Alaska
Army NG Joint Base Elmendorf- Planning and Design for 0 5,000
Richardson National Guard Readiness
Center.
Connecticut
Army NG Connecticut Army National Guard Readiness 17,500 17,500
National Guard Center.
Readiness Center--
Putnam
Georgia
Army NG Fort Benning Post-Initial Mil. Training 13,200 13,200
Unaccomp. Housing.
Guam
Army NG Guam National Guard National Guard Readiness 34,000 34,000
Readiness Center Center Addition.
Barrigada
Idaho
Army NG Jerome National Guard National Guard Readiness 15,000 15,000
Armory Center.
Illinois
Army NG Bloomington National National Guard Vehicle 15,000 15,000
Guard Armory Maintenance Shop.
Kansas
Army NG Nickell Memorial National Guard/Reserve 0 420
Armory Center Building SCIF (P&D).
Army NG Nickell Memorial National Guard/Reserve 16,732 16,732
Armory Center Building.
Louisiana
Army NG Camp Minden Training Collective Training 0 13,800
Site Unaccompanied Housing.
Army NG Lake Charles National National Guard Readiness 18,500 18,500
Guard Readiness Center.
Center
Maine
Army NG Saco National Guard National Guard Vehicle 21,200 21,200
Readiness Center Maintenance Shop.
Michigan
Army NG Camp Grayling Military National Guard Readiness 0 16,000
Installation Center.
Mississippi
Army NG Camp Shelby Training Maneuver Area Training 0 15,500
Site Equipment Site.
Missouri
Army NG Aviation Avcrad Aircraft Maintenance 0 3,800
Classification Repair Hangar Addition (P&D).
Activity Depot
Montana
Army NG Butte Military National Guard Readiness 16,000 16,000
Entrance Training Center.
Site
Nebraska
Army NG Mead Army National Collective Training 0 11,000
Guard Readiness Unaccompanied Housing.
Center
North Dakota
Army NG Dickinson National National Guard Readiness 15,500 15,500
Guard Armory Center.
South Dakota
Army NG Sioux Falls Army National Guard Readiness 0 15,000
National Guard Center.
Vermont
Army NG Ethan Allen Air Force Family Readiness Center.... 0 4,665
Base
Army NG Vermont National Guard National Guard Readiness 0 16,900
Armory Center.
Virginia
Army NG Virginia National Army Aviation Support 0 5,805
Guard Readiness Facility (P&D).
Center
[[Page H7180]]
Army NG Virginia National Combined Support 6,900 6,900
Guard Readiness Maintenance Shop Addition.
Center
Army NG Virginia National National Guard Readiness 6,100 6,100
Guard Readiness Center Addition.
Center
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 22,000 32,000
Locations
Army NG Unspecified Worldwide Unspecified Minor 39,471 39,471
Locations Construction.
Army NG Various Worldwide Army National Guard 0 0
Locations Transformation Plan.
........................
Military Construction, Army National Guard Total 257,103 391,993
......................
Michigan
Army Res Southfield Area Maintenance Support 12,000 12,000
Activity.
Ohio
Army Res Wright-Patterson Air AR Center Training Building/ 19,000 19,000
Force Base UHS.
Wisconsin
Army Res Fort McCoy Transient Training BN HQ... 12,200 12,200
Army Res Fort McCoy Transient Training Enlisted 0 29,200
Barracks.
Army Res Fort McCoy Transient Training Officer 0 29,200
Barracks.
Army Res Fort McCoy Transient Training Enlisted 0 0
Barracks.
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 7,167 7,167
Locations
Army Res Unspecified Worldwide Cost to Complete........... 0 0
Locations
Army Res Unspecified Worldwide Unspecified Minor Military 14,544 14,544
Locations Construction.
........................
Military Construction, Army Reserve Total 64,911 123,311
......................
Michigan
N/MC Res Navy Operational Reserve Center & Vehicle 49,090 49,090
Support Center Battle Maintenance Facility.
Creek
Minnesota
N/MC Res Minneapolis Joint Reserve Intelligence 14,350 14,350
Center.
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Planning & Design..... 1,257 1,257
Locations
N/MC Res Unspecified Worldwide MCNR Unspecified Minor 2,359 2,359
Locations Construction.
N/MC Res Unspecified Worldwide USMCR Planning and Design.. 4,748 4,748
Locations
........................
Military Construction, Naval Reserve Total 71,804 71,804
......................
......................
Alabama
Air NG Sumpter Smith Air Security and Services 0 7,500
National Guard Base Training Facility.
Air NG Montgomery Regional Aircraft Maintenance 0 19,200
Airport Facility.
Connecticut
Air NG Bradley International Composite ASE/Vehicle MX 0 17,000
Airport Facility.
Delaware
Air NG Newcastle Air National Fuel Cell/Corrosion Control 0 17,500
Guard Base Hangar.
Idaho
Air NG Boise Air National Medical Training Facility.. 0 6,500
Guard Base Gowen
Field
Illinois
Air NG Abraham Lincoln Base Civil Engineering 0 10,200
Capital Airport Facility.
Massachusetts
Air NG Barnes Air National Combined Engine/ASE/NDI 12,200 12,200
Guard Shop.
Michigan
Air NG Alpena County Regional Aircraft Maintenance Hangar/ 23,000 23,000
Airport Shops.
Air NG Selfridge Air National a-10 Maintenance Hangar and 0 28,000
Guard Base Shops.
Air NG W. K. Kellog Regional Construct Main Base 10,000 10,000
Airport Entrance.
Mississippi
Air NG Jackson International Fire Crash and Rescue 9,300 9,300
Airport Station.
New York
Air NG Francis S. Gabreski Base Civil Engineer Complex 0 14,800
Airport
Air NG Schenectady Municipal C-130 Flight Simulator 10,800 10,800
Airport Facility.
Ohio
Air NG Camp Perry Red Horse Logistics Complex 7,800 7,800
South Carolina
Air NG Mcentire Joint Hazardous Cargo Pad........ 0 9,000
National Guard Base
Air NG Mcentire Joint F-16 Mission Training 9,800 9,800
National Guard Base Center.
South Dakota
Air NG Joe Foss Field F-16 Mission Training 9,800 9,800
Center.
Texas
Air NG Kelly Field Annex Aircraft Corrosion Control. 0 9,500
Washington
Air NG Camp Murray Air Air Support Operations 0 27,000
National Guard Complex.
Station
Wisconsin
Air NG Truax Field F-35 3-Bay Specialized 31,000 31,000
Hangar.
[[Page H7181]]
Air NG Truax Field Medical Readiness Facility. 13,200 13,200
Air NG Volk Combat Readiness Replace Aircraft 0 2,280
Training Center Maintenance Hangar/Shops
(P&D).
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 29,068 29,068
Locations Construction.
Air NG Various Worldwide Planning and Design........ 18,402 34,402
Locations
Wyoming
Air NG Cheyenne Municipal Combined Vehicle 13,400 13,400
Airport Maintenance & ASE Complex.
........................
Military Construction, Air National Guard Total 197,770 382,250
......................
California
AF Res Beale Air Force Base 940 ARW SQ OPS &amu Complex 0 33,000
Florida
AF Res Homestead Air Force Corrosion Control Facility. 14,000 14,000
Reserve Base
AF Res Patrick Air Force Base Simulator C-130J........... 18,500 18,500
Indiana
AF Res Grissom Air Reserve Logistics Readiness Complex 0 29,000
Base
Minnesota
AF Res Minneapolis-St Paul Mission Support Group 14,000 14,000
International Airport Facility.
New York
AF Res Niagara Falls Air Main Gate.................. 10,600 10,600
Reserve Station
Ohio
AF Res Youngstown Air Reserve Assault Runway............. 0 8,700
Base
Worldwide Unspecified
AF Res Worldwide Various KC-46 Mob 5 (P&D).......... 0 15,000
Locations
AF Res Unspecified Worldwide Planning & Design.......... 5,830 5,830
Locations
AF Res Unspecified Worldwide Unspecified Minor Military 15,444 15,444
Locations Construction.
........................
Military Construction, Air Force Reserve Total 78,374 164,074
......................
Italy
FH Con Army Vicenza Family Housing New 92,304 92,304
Construction.
Kwajalein Atoll
FH Con Army Kwajalein Atoll Family Housing Replacement 0 10,000
Construction.
Pennsylvania
FH Con Army Tobyhanna Army Depot Ctc- Family Housing 0 7,500
Replacement Construction.
Puerto Rico
FH Con Army Fort Buchanan Ctc- Family Housing 0 14,000
Replacement Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P&D......... 7,545 37,545
Locations
........................
Family Housing Construction, Army Total 99,849 161,349
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 18,077 18,077
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 38,404 38,404
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 128,110 128,110
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 111,181 111,181
Locations
FH Ops Army Unspecified Worldwide Management................. 42,850 42,850
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 556 556
Locations
FH Ops Army Unspecified Worldwide Services................... 8,277 8,277
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 43,772 43,772
Locations
........................
Family Housing Operation And Maintenance, Army Total 391,227 391,227
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 71,884 71,884
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 3,634 3,634
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning and 2,098 2,098
Locations Design.
........................
Family Housing Construction, Navy And Marine Corps Total 77,616 77,616
......................
Worldwide Unspecified
[[Page H7182]]
FH Ops Navy Unspecified Worldwide Furnishings................ 16,537 16,537
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 54,544 54,544
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 62,567 62,567
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 95,417 95,417
Locations
FH Ops Navy Unspecified Worldwide Management................. 54,083 54,083
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 285 285
Locations
FH Ops Navy Unspecified Worldwide Services................... 17,637 17,637
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 56,271 56,271
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341
......................
Georgia
FH Con AF Robins Air Force Base Robins 2 MHPI Restructure.. 6,000 6,000
Nebraska
FH Con AF Offutt Air Force Base Offutt MHPI Restructure.... 50,000 50,000
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 49,258 49,258
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 10,458 10,458
Locations
........................
Family Housing Construction, Air Force Total 115,716 115,716
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 26,842 26,842
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 23,275 23,275
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 9,520 9,520
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 141,754 141,754
Locations
FH Ops AF Unspecified Worldwide Management................. 70,062 70,062
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 2,200 2,200
Locations
FH Ops AF Unspecified Worldwide Services................... 8,124 8,124
Locations
FH Ops AF Unspecified Worldwide Utilities.................. 43,668 43,668
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 325,445 325,445
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide DIA Furnishings............ 656 656
Locations
FH Ops DW Unspecified Worldwide DIA Leasing................ 31,430 31,430
Locations
FH Ops DW Unspecified Worldwide DIA Utilities.............. 4,166 4,166
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 49 49
Locations
FH Ops DW Unspecified Worldwide NSA Furnishings............ 83 83
Locations
FH Ops DW Unspecified Worldwide NSA Leasing................ 13,387 13,387
Locations
FH Ops DW Unspecified Worldwide NSA Utilities.............. 14 14
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,081 6,081
Locations FHIF.
........................
Unaccompanied Housing Improvement Fund Total 6,081 6,081
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 65,301 115,301
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 65,301 115,301
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure. 111,155 161,155
Locations
........................
Base Realignment and Closure--Navy Total 111,155 161,155
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DOD BRAC Activities--Air 104,216 104,216
Locations Force.
........................
Base Realignment and Closure--Air Force Total 104,216 104,216
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment and 0 0
Locations Closure.
BRAC Unspecified Worldwide Int-4: DLA Activities...... 3,967 3,967
Locations
........................
[[Page H7183]]
Base Realignment and Closure--Defense-wide Total 3,967 3,967
......................
Total, Military Construction 9,847,031 13,347,031
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear energy...................... 149,800 149,800
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons activities................ 15,484,295 15,981,328
Defense nuclear nonproliferation.. 1,934,000 1,957,000
Naval reactors.................... 1,860,705 1,860,705
Federal Salaries and Expenses..... 464,000 464,000
Total, National Nuclear Security 19,743,000 20,263,033
Administration.....................
Defense environmental cleanup....... 6,841,670 6,480,759
Defense Uranium Enrichment D&D...... 0 0
Other defense activities............ 1,170,000 920,000
Total, Atomic Energy Defense 27,754,670 27,663,792
Activities...........................
Total, Discretionary Funding.............. 27,904,470 27,813,592
Nuclear Energy
Safeguards and security................. 149,800 149,800
Total, Nuclear Energy..................... 149,800 149,800
National Nuclear Security Administration
Federal Salaries and Expenses
Program direction....................... 464,000 464,000
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 771,664 771,664
W76-2 Modification program.......... 0 0
W88 Alteration program.............. 207,157 207,157
W80-4 Life extension program........ 1,080,400 1,080,400
W80-4 ALT SLCM...................... 10,000 10,000
W87-1 Modification Program (formerly 691,031 691,031
IW1)...............................
W93................................. 72,000 72,000
Subtotal, Stockpile major 2,832,252 2,832,252
modernization........................
Stockpile sustainment..................... 1,180,483 1,180,483
Weapons dismantlement and disposition..... 51,000 51,000
Production operations..................... 568,941 568,941
Total, Stockpile management............. 4,632,676 4,632,676
Production modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos plutonium modernization
Los Alamos Plutonium Operations. 660,419 660,419
21-D-512, Plutonium Pit 350,000 350,000
Production Project, LANL.......
Subtotal, Los Alamos plutonium 1,010,419 1,010,419
modernization....................
Savannah River plutonium modernization
Savannah River plutonium 128,000 128,000
operations.....................
21-D-511, Savannah River 475,000 475,000
Plutonium Processing Facility,
SRS............................
Subtotal, Savannah River plutonium 603,000 603,000
modernization....................
Enterprise Plutonium Support.......... 107,098 107,098
Total, Plutonium Modernization.......... 1,720,517 1,720,517
High Explosives & Energetics............ 68,785 68,785
Total, Primary Capability Modernization. 1,789,302 1,789,302
Secondary Capability Modernization........ 488,097 488,097
[[Page H7184]]
Tritium and Domestic Uranium Enrichment... 489,017 489,017
Non-Nuclear Capability Modernization...... 144,563 144,563
Total, Production modernization......... 2,910,979 2,910,979
Stockpile research, technology, and
engineering
Assessment science.................... 689,578 769,394
Engineering and integrated assessments 336,766 292,085
Inertial confinement fusion........... 529,000 580,000
Advanced simulation and computing..... 747,012 747,012
Weapon technology and manufacturing 292,630 292,630
maturation...........................
Academic programs..................... 95,645 101,945
Total, Stockpile research, technology, 2,690,631 2,783,066
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,014,000 1,014,000
Safety and Environmental Operations. 165,354 165,354
Maintenance and Repair of Facilities 670,000 1,020,000
Recapitalization
Infrastructure and Safety......... 508,664 508,664
Capabilities Based Investments.... 143,066 143,066
Planning for Programmatic 0 0
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.......... 651,730 651,730
Total, Operating...................... 2,501,084 2,851,084
Construction
Programmatic
22-D-513 Power Sources Capability, 13,827 13,827
SNL..............................
21-D-510, HE Synthesis, 44,500 36,200
Formulation, and Production
Facility, PX.....................
18-D-690, Lithium Processing 167,902 167,902
Facility, Y-12...................
18-D-650, Tritium Finishing 27,000 27,000
Facility, SRS....................
18-D-620, Exascale Computing 0 0
Facility Modernization Project,
LLNL.............................
17-D-640, U1a Complex Enhancements 135,000 135,000
Project, NNSS....................
15-D-302, TA-55 Reinvestment 27,000 27,000
Project--Phase 3, LANL...........
15-D-301, HE Science & Engineering 0 0
Facility, PX.....................
07-D-220-04, Transuranic Liquid 0 0
Waste Facility, LANL.............
06-D-141, Uranium Processing 524,000 600,000
Facility, Y-12...................
04-D-125, Chemistry and Metallurgy 138,123 138,123
Research Replacement Project,
LANL.............................
Total, Programmatic................. 1,077,352 1,145,052
Mission enabling
22-D-514 Digital Infrastructure 8,000 8,000
Capability Expansion.............
Total, Mission enabling............. 8,000 8,000
Total, Construction................... 1,085,352 1,153,052
Total, Infrastructure and operations.... 3,586,436 4,004,136
Secure transportation asset
Operations and equipment.............. 213,704 213,704
Program direction..................... 117,060 117,060
Total, Secure transportation asset...... 330,764 330,764
Defense nuclear security
Operations and maintenance............ 824,623 811,521
Security improvements program......... 0 0
Construction:
17-D-710, West end protected area 23,000 23,000
reduction project, Y-12............
Subtotal, construction................ 23,000 23,000
Total, Defense nuclear security......... 847,623 834,521
Information technology and cybersecurity.. 406,530 406,530
Legacy contractor pensions................ 78,656 78,656
Total, Weapons Activities................. 15,484,295 15,981,328
Adjustments
Use of prior year balances............ 0 0
Total, Adjustments...................... 0 0
Total, Weapons Activities................. 15,484,295 15,981,328
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Material management and minimization
Conversion (formerly HEU Reactor 100,660 100,660
Conversion)........................
Nuclear material removal............ 42,100 42,100
Material disposition................ 200,186 200,186
Laboratory and partnership support.. 0 0
Total, Material management & 342,946 342,946
minimization.........................
Global material security
International nuclear security...... 79,939 79,939
Domestic radiological security...... 158,002 158,002
International radiological security. 85,000 85,000
Nuclear smuggling detection and 175,000 185,000
deterrence.........................
Total, Global material security....... 497,941 507,941
Nonproliferation and arms control..... 184,795 184,795
[[Page H7185]]
National Technical Nuclear Forensics 45,000 45,000
R&D..................................
Defense nuclear nonproliferation R&D
Proliferation detection............. 269,407 269,407
Nonproliferation stewardship program 87,329 100,329
Nuclear detonation detection........ 271,000 271,000
Nonproliferation fuels development.. 0 0
Total, Defense Nuclear 627,736 640,736
Nonproliferation R&D.................
Nonproliferation construction
U. S. Construction:
18-D-150 Surplus Plutonium 156,000 156,000
Disposition Project..............
99-D-143, Mixed Oxide (MOX) Fuel 0 0
Fabrication Facility, SRS........
Total, U. S. Construction:.......... 156,000 156,000
Total, Nonproliferation construction.. 156,000 156,000
Total, Defense Nuclear Nonproliferation 1,854,418 1,877,418
Programs...............................
Legacy contractor pensions.............. 38,800 38,800
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 14,597 14,597
Counterterrorism and 356,185 356,185
Counterproliferation.................
Total, Nuclear counterterrorism and 370,782 370,782
incident response program..............
Subtotal, Defense Nuclear Nonproliferation 2,264,000 2,287,000
Adjustments
Use of prior year balances............ 0 0
Use of prior year MOX funding......... -330,000 -330,000
Total, Adjustments...................... -330,000 -330,000
Total, Defense Nuclear Nonproliferation... 1,934,000 1,957,000
Naval Reactors
Naval reactors development.............. 640,684 640,684
Columbia-Class reactor systems 55,000 55,000
development............................
S8G Prototype refueling................. 126,000 126,000
Naval reactors operations and 594,017 594,017
infrastructure.........................
Program direction....................... 55,579 55,579
Construction:
22-D-532 Security Upgrades KL......... 5,100 5,100
22-D-531 KL Chemistry & Radiological 41,620 41,620
Health Building......................
21-D-530 KL Steam and Condensate 0 0
Upgrades.............................
14-D-901, Spent Fuel Handling 348,705 348,705
Recapitalization Project, NRF........
Total, Construction..................... 395,425 395,425
Use of Prior Year unobligated balances.. -6,000 -6,000
Total, Naval Reactors..................... 1,860,705 1,860,705
TOTAL, National Nuclear Security 19,743,000 20,263,033
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 3,987 3,987
Richland:
River corridor and other cleanup 196,000 211,000
operations...........................
Central plateau remediation........... 689,776 689,776
Richland community and regulatory 5,121 5,121
support..............................
18-D-404 Modification of Waste 8,000 8,000
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 15,200 15,200
22-D-402 L-897, 200 Area Water 12,800 12,800
Treatment Facility...................
Total, Richland......................... 926,897 941,897
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning........................
Rad liquid tank waste stabilization 817,642 837,642
and disposition......................
Construction:
18-D-16 Waste treatment and 586,000 586,000
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16 D, High-level waste 60,000 60,000
facility.........................
01-D-16 E, Pretreatment Facility.. 20,000 20,000
Total, Construction................... 666,000 666,000
ORP Low-level waste offsite disposal.. 7,000 7,000
Total, Office of River Protection....... 1,540,642 1,560,642
Idaho National Laboratory:
Idaho cleanup and waste disposition... 358,925 358,925
Idaho community and regulatory support 2,658 2,658
Construction:
22-D-403 Idaho Spent Nuclear Fuel 3,000 3,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 5,000 5,000
Disposal Cell and Evaporation
Ponds Project....................
Total, Construction................... 8,000 8,000
Total, Idaho National Laboratory........ 369,583 369,583
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,806 1,806
[[Page H7186]]
LLNL Excess facilities D&D............ 35,000 35,000
Separations Processing Research Unit.. 15,000 15,000
Nevada Test Site...................... 60,737 60,737
Sandia National Laboratory............ 4,576 4,576
Los Alamos National Laboratory........ 275,119 275,119
Los Alamos Excess facilities D&D...... 58,381 58,381
Total, NNSA sites and Nevada off-sites.. 450,619 450,619
Oak Ridge Reservation:
OR Nuclear facility D&D............... 274,923 287,316
U233 Disposition Program.............. 55,000 55,000
OR cleanup and waste disposition...... 73,725 73,725
Construction:
17-D-401 On-site waste disposal 12,500 12,500
facility...........................
14-D-403 Outfall 200 Mercury 0 0
Treatment Facility.................
Subtotal, Construction:............... 12,500 12,500
OR community & regulatory support..... 5,096 5,096
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 424,244 436,637
Savannah River Site:
Savannah River risk management 452,724 454,090
operations...........................
SR legacy pensions.................... 130,882 130,882
SR community and regulatory support... 5,805 11,805
Construction:
20-D-402 Advanced Manufacturing 0 0
Collaborative Facility (AMC).......
20-D-401 Saltstone Disposal Unit 19,500 19,500
#10, 11, 12........................
19-D-701 SR Security systems 5,000 5,000
replacement........................
18-D-402 Saltstone disposal unit #8/ 68,000 68,000
9..................................
17-D-402 Saltstone Disposal Unit #7. 0 0
05-D-405 Salt waste processing 0 0
facility, SRS......................
8-D-402 Emergency Operations Center 8,999 8,999
Replacement, SR....................
Radioactive liquid tank waste 890,865 890,865
stabilization........................
Total, Savannah River Site.............. 1,581,775 1,589,141
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 350,424 350,424
Construction:
15-D-411 Safety significant 55,000 55,000
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 25,000 25,000
21-D-401 Hoisting Capability Project 0 0
Total, Construction................... 80,000 80,000
Total, Waste Isolation Pilot Plant...... 430,424 430,424
Program direction--Defense Environmental 293,106 293,106
Cleanup................................
Program support--Defense Environmental 62,979 62,979
Cleanup................................
Safeguards and Security--Defense 316,744 316,744
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 415,670 0
Enrichment D&D Fund....................
Use of prior year balances.............. 0 0
Subtotal, Defense environmental cleanup... 6,841,670 6,480,759
TOTAL, Defense Environmental Cleanup...... 6,841,670 6,480,759
Defense Uranium Enrichment D&D............ 0 0
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 130,809 130,809
security mission support.............
Program direction..................... 75,511 75,511
Total, Environment, health, safety and 206,320 206,320
security...............................
Independent enterprise assessments
Enterprise assessments................ 27,335 27,335
Program direction--Office of 56,049 56,049
Enterprise Assessments...............
Total, Office of Enterprise Assessments. 83,384 83,384
Specialized security activities......... 283,500 283,500
Office of Legacy Management
Legacy management activities--defense. 408,797 158,797
Program direction..................... 19,933 19,933
Total, Office of Legacy Management...... 428,730 178,730
Defense related administrative support.. 163,710 163,710
Office of hearings and appeals.......... 4,356 4,356
Subtotal, Other defense activities...... 1,170,000 920,000
Use of prior year balances.............. 0 0
Total, Other Defense Activities........... 1,170,000 920,000
------------------------------------------------------------------------
[[Page H7187]]
DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
Sec. 5001. Short title.
Sec. 5002. Definitions.
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2021''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 5101. Sense of Congress on importance of Department of State's
work.
Sec. 5102. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 5104. Office of International Disability Rights.
Sec. 5105. Special appointment authority.
Sec. 5106. Repeal of authority for Special Representative and Policy
Coordinator for Burma.
Sec. 5107. Anti-piracy information sharing.
Sec. 5108. Importance of foreign affairs training to national security.
Sec. 5109. Classification and assignment of Foreign Service officers.
Sec. 5110. Reporting on implementation of GAO recommendations.
Sec. 5111. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and detention of U.S.-
flag fishing vessels by foreign governments.
Sec. 5112. Art in embassies.
Sec. 5113. International fairs and expositions.
Sec. 5114. Amendment or repeal of reporting requirements.
SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF
STATE'S WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital
to United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity
would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being
cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow
the United States to maintain its leadership around the
world.
SEC. 5102. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS
AND LAW ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be
responsible to the Secretary of State for all matters,
programs, and related activities pertaining to international
narcotics, anti-crime, and law enforcement affairs in the
conduct of foreign policy by the Department, including, as
appropriate, leading the coordination of programs carried out
by United States Government agencies abroad, and such other
related duties as the Secretary may from time to time
designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all
matters pertaining to international narcotics, anti-crime,
and law enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such unit
shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and women's
participation issues in law enforcement programs, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant bureaus
of the Department of State and other United States Government
agencies, all forms of transnational organized crime,
including human trafficking, illicit trafficking in arms,
wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign purposes,
and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes and
engaging with multilateral organizations responsible for
monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation with
chiefs of mission and, as appropriate, the heads of other
United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug Control
Policy to ensure lessons learned from other United States
Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring and
evaluation of Bureau programs, including metrics for success
that do not rely solely on the amounts of illegal drugs that
are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Relations of the Senate that United States and the Committee
on Foreign Affairs of the House of Representatives
enforcement personnel posted abroad whose activities are
funded to any extent by the Bureau of International Narcotics
and Law Enforcement Affairs are complying with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the Secretary
may assign.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to
law enforcement, domestic security operations, or
intelligence activities as defined in Executive Order
12333.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended
by inserting after paragraph (9) the following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which
United States law enforcement personnel have been physically
present.''.
SEC. 5103. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,
REFUGEES, AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the
Department of State the Bureau of Consular Affairs, which
shall be headed by the Assistant Secretary of State for
Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and
[[Page H7188]]
Migration, which shall be headed by the Assistant Secretary
of State for Population, Refugees, and Migration.''.
SEC. 5104. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department of State an Office of International Disability
Rights (referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the profile of
disability across a broader range of organizations
contributing to international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or
abuses of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment
and overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct
Ambassadors at Large, Representatives, Special Envoys, and
coordinators working on human rights to consult with the
Office to promote the human rights and full participation in
international development activities of all persons with
disabilities.
SEC. 5105. SPECIAL APPOINTMENT AUTHORITY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), as amended by section 6103 of this
Act, is further amended by inserting after subsection (h) the
following new subsection:
``(i) Special Appointments.--
``(1) Positions exercising significant authority.--The
President may, by and with the advice and consent of the
Senate, appoint an individual as a Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, or other
position performing a similar function, regardless of title,
at the Department of State exercising significant authority
pursuant to the laws of the United States. Except as provided
in paragraph (3) or in clause 3, section 2, article II of the
Constitution (relating to recess appointments), an individual
may not be designated as a Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, or other
position performing a similar function, regardless of title,
at the Department exercising significant authority pursuant
to the laws of the United States without the advice and
consent of the Senate.
``(2) Positions not exercising significant authority.--The
President or Secretary of State may appoint any Special
Envoy, Special Representative, Special Coordinator, Special
Negotiator, Special Envoy, Representative, Coordinator,
Special Advisor, or other position performing a similar
function, regardless of title, at the Department of State not
exercising significant authority pursuant to the laws of the
United States without the advice and consent of the Senate,
if the President or Secretary, not later than 15 days before
the appointment of a person to such a position, submits to
the appropriate congressional committees a notification that
includes the following:
``(A) A certification that the position does not require
the exercise of significant authority pursuant to the laws of
the United States.
``(B) A description of the duties and purpose of the
position.
``(C) The rationale for giving the specific title and
function to the position.
``(3) Limited exception for temporary appointments
exercising significant authority.--The President may maintain
or establish a position with the title of Special Envoy,
Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other position performing a similar function,
regardless of title, at the Department of State exercising
significant authority pursuant to the laws of the United
States for not longer than 180 days if the Secretary of
State, not later than 15 days after the appointment of a
person to such a position, or 30 days after the date of the
enactment of this subsection, whichever is earlier, submits
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a notification that includes the following:
``(A) The necessity for conferring such title and function.
``(B) The dates during which such title and function will
be held.
``(C) The justification for not submitting the proposed
conferral of such title and function to the Senate as a
nomination for advice and consent to appointment.
``(D) All relevant information concerning any potential
conflict of interest which the proposed recipient of such
title and function may have with regard to the appointment.
``(4) Renewal of temporary appointment.--The President may
renew for one period not to exceed 180 days any position
maintained or established under paragraph (3) if the
President, not later than 15 days before issuing such
renewal, submits to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a detailed justification on the necessity of
such extension, including the dates with respect to which
such title will continue to be held and the justification for
not submitting such title to the Senate as a nomination for
advice and consent.
``(5) Exemption.--Paragraphs (1) through (4) shall not
apply to a Special Envoy, Special Representative, Special
Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other person performing a
similar function, regardless of title, at the Department of
State if the position is expressly mandated by statute.
``(6) Effective date.--This subsection shall apply to
appointments made on or after January 3, 2023.''.
SEC. 5106. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE AND
POLICY COORDINATOR FOR BURMA.
Section 7 of the Tom Lantos Block Burmese Jade (Junta's
Anti-Democratic Efforts) Act of 2008 (Public Law 110-286; 50
U.S.C. 1701 note) relating to the establishment of a Special
Representative and Policy Coordinator for Burma) is hereby
repealed.
SEC. 5107. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP).
SEC. 5108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL
SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Department's investment of time and resources with
respect to the training and education of its personnel is
considerably below the level of other Federal departments and
agencies in the national security field, and falls well below
the investments many allied and adversarial countries make in
the development of their diplomats;
(3) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science and
technology-driven, and which demand the continual, high-
quality training and education of its personnel;
(4) the Department must move beyond reliance on ``on-the-
job training'' and other informal mentorship practices, which
lead to an inequality in skillset development and career
advancement opportunities, often particularly for minority
personnel, and towards a robust professional tradecraft
training continuum that will provide for greater equality in
career advancement and increase minority participation in the
senior ranks;
(5) the Department's Foreign Service Institute and other
training facilities should seek to substantially increase
their educational and training offerings to Department
personnel, including developing new and innovative
educational and training courses, methods, programs, and
opportunities; and
(6) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and
Foreign Service Institute may accept funds and other
resources from foundations, not-for-profit corporations, and
other appropriate sources to help the Department and the
Institute enhance the quantity and quality of training
offerings, especially in the introduction of new, innovative,
and pilot model courses.
(b) Training Float.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall
develop and submit to the appropriate congressional
committees a strategy to establish a ``training float'' to
allow for up to 15 percent of the Civil and Foreign Service
to participate in long-term training at any given time. The
strategy should identify steps necessary to ensure the
implementation of the training priorities identified in
subsection (c), sufficient training capacity and
opportunities are available to Civil and Foreign Service
officers, the equitable distribution of long-term training
opportunities to Civil and Foreign Service officers, and the
provision of any additional resources or authorities
necessary to facilitate such a training float, including
programs at the George P. Schultz National Foreign Affairs
Training Center, the Foreign Service Institute, the Foreign
Affairs Security Training Center, and other facilities or
programs operated by the Department of State. The strategy
shall identify which types of training would be prioritized,
the extent (if any) to which such training is already being
provided to Civil and Foreign Service officers by the
Department of State, any factors incentivizing or
disincentivizing such training, and why such training cannot
be achieved without Civil and Foreign Service officers
leaving the workforce. In addition to training opportunities
provided by the Department, the strategy shall consider
training that could be provided by the other United States
Government training
[[Page H7189]]
institutions, as well as nongovernmental educational
institutions. The strategy shall consider approaches to
overcome disincentives to pursuing long-term training.
(c) Prioritization.--In order to provide the Civil and
Foreign Service with the level of education and training
needed to effectively advance United States interests across
the globe, the Department of State should--
(1) increase its offerings--
(A) of virtual instruction to make training more accessible
to personnel deployed throughout the world; or
(B) at partner organizations to provide useful outside
perspectives to Department personnel;
(2) offer courses utilizing computer-based or assisted
simulations, allowing civilian officers to lead
decisionmaking in a crisis environment; and
(3) consider increasing the duration and expanding the
focus of certain training courses, including--
(A) the A-100 orientation course for Foreign Service
officers, and
(B) the chief of mission course to more accurately reflect
the significant responsibilities accompanying such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in
courses at the Foreign Service Institute and other Department
of State training facilities to promote a whole-of-government
approach to mitigating national security challenges.
SEC. 5109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE
OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 5110. REPORTING ON IMPLEMENTATION OF GAO
RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that lists
all of the Government Accountability Office's recommendations
relating to the Department that have not been fully
implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the Comptroller General's report under
subsection (b), the Secretary shall submit to the appropriate
congressional committees a report that describes the
implementation status of each recommendation from the
Government Accountability Office included in the report
submitted under subsection (a).
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not to fully
implement a recommendation or to implement a recommendation
in a different manner than specified by the Government
Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but has
not yet fully implemented; and
(C) an explanation for any discrepancies included in the
Comptroller General report submitted under subsection (b).
(c) Form.--The information required in each report under
this section shall be submitted in unclassified form, to the
maximum extent practicable, but may be included in a
classified annex to the extent necessary.
SEC. 5111. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN
FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND
DETENTION OF U.S.-FLAG FISHING VESSELS BY
FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is
amended to read as follows:
``(e) Amounts.--Payments may be made under this section
only to such extent and in such amounts as are provided in
advance in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply as if the date specified in subsection (e) of
section 7 of the Fishermen's Protective Act of 1967, as in
effect on the day before the date of the enactment of this
Act, were the day after such date of enactment.
(2) Agreements and payments.--The Secretary is authorized
to--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which
such section would otherwise apply but for the date specified
in subsection (e) of such section, as in effect on the day
before the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of
the enactment of this Act.
SEC. 5112. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $37,500, unless such
purchase is subject to prior consultation with, and the
regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees and the Committees on
Appropriations of the Senate and the House of Representatives
a report on the costs of the Art in Embassies Program for
each of fiscal years 2016 through 2020.
(c) Sunset.--This section shall terminate on the date that
is 2 years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 5113. INTERNATIONAL FAIRS AND EXPOSITIONS.
There is authorized to be appropriated $20,000,000 for the
Department of State for United States participation in
international fairs and expositions abroad, including for
construction and the operation of United States pavilions or
other major exhibits.
SEC. 5114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop,
in coordination with likeminded countries, a comprehensive,
multilateral strategy to--
``(1) support democratic governance and inclusive and
representative civilian government, including by supporting
entities promoting democracy in Burma and denying legitimacy
and resources to the military junta;
``(2) support organizations that represent the democratic
aspirations of the people of Burma in the struggle against
the military junta;
``(3) impose costs on the military junta;
``(4) secure the unconditional release of all political
prisoners in Burma;
``(5) promote genuine national reconciliation among Burma's
diverse ethnic and religious groups;
``(6) provide humanitarian assistance to internally
displaced persons in Burma, particularly in areas targeted by
the military junta, and in neighboring countries for refugees
from Burma;
``(7) pursue accountability for atrocities, human rights
violations, and crimes against humanity committed by the
military junta or the Tatmadaw; and
``(8) counter corrosive malign influence of the People's
Republic of China and the Russian Federation in Burma.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year''; and
(ii) by striking paragraphs (1) through (3) and inserting
the following new paragraphs:
``(1) progress towards inclusive, democratic governance in
Burma;
``(2) improvements in human rights practices and
accountability for atrocities, human rights violations, and
crimes against humanity committed by the Tatmadaw, or
military junta of Burma;
``(3) progress toward broad-based and inclusive economic
growth;
``(4) progress toward genuine national reconciliation;
``(5) steps taken to impose costs on the military junta;
``(6) progress made in advancing the strategy referred to
in subsection (c); and
``(7) actions by the People's Republic of China or the
Russian Federation that undermine the sovereignty, stability,
or unity of Burma.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report that includes each of the
following:
(1) A list of all reports described in subsection (d)
required to be submitted by their respective agency.
(2) For each such report, a citation to the provision of
law under which the report is required to be submitted.
(3) The reporting frequency of each such report.
(4) The estimated cost of each report, to include personnel
time costs.
(d) Covered Reports.--A report described in this subsection
is a recurring report that is required to be submitted to
Congress by the Department of State or the United States
Agency for International Development, or by any officer,
official, component, or element of each entity.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the
[[Page H7190]]
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
and the Committees on Appropriations of the Senate and the
House of Representatives.
TITLE LII--EMBASSY CONSTRUCTION
Sec. 5201. Embassy security, construction, and maintenance.
Sec. 5202. Standard design in capital construction.
Sec. 5203. Capital construction transparency.
Sec. 5204. Contractor performance information.
Sec. 5205. Growth projections for new embassies and consulates.
Sec. 5206. Long-range planning process.
Sec. 5207. Value engineering and risk assessment.
Sec. 5208. Business volume.
Sec. 5209. Embassy security requests and deficiencies.
Sec. 5210. Overseas security briefings.
Sec. 5211. Contracting methods in capital construction.
Sec. 5212. Competition in embassy construction.
Sec. 5213. Statement of policy.
Sec. 5214. Definitions.
SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,983,149,000 for
fiscal year 2022.
SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that
the Department's Bureau of Overseas Building Operations (OBO)
or successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design
and keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new
United States embassy compound or new consulate compound
project that utilizes a non-standard design, including those
projects that are in the design or pre-design phase as of the
date of the enactment of this Act, only in consultation with
the appropriate congressional committees and the Committees
on Appropriations of the Senate and the House of
Representatives. The Secretary shall provide the appropriate
congressional committees and the Committees on Appropriations
of the Senate and the House of Representatives, for each such
project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if
it were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as
the case may be, described in paragraphs (1) through (4)
cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date
of the enactment of this Act.
SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is
amended--
(1) in the section heading , by striking ``annual report on
embassy construction costs'' and inserting ``biannual report
on overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date
of the enactment of this subsection and every 180 days
thereafter until the date that is 4 years after such date of
enactment, the Secretary shall submit to the appropriate
congressional committees and the Committees on Appropriations
of the Senate and the House of Representatives a
comprehensive report regarding all ongoing overseas capital
construction projects and major embassy security upgrade
projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas capital construction project and major embassy
security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully
adjudicated or that the Department has settled, and the final
dollar amount of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign
operations, and related programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323; 130 Stat. 1905) is amended by
amending the item relating to section 118 to read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete
all contractor performance evaluations outstanding as of the
date of the enactment of this Act required by subpart 42.15
of the Federal Acquisition Regulation for those contractors
engaged in construction of new embassy or new consulate
compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop a
prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by April 1, 2022, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management
performance.
SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND
CONSULATES.
(a) In General.--For each new United States embassy
compound (NEC) and new consulate compound project (NCC) in or
not yet in the design phase as of the date of the enactment
of this Act, the Department shall project growth over the
estimated life of the facility using all available and
relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal
agency represented at a United States embassy or consulate
shall provide to the Secretary, upon request, growth
projections for the personnel of each such agency over the
estimated life of each embassy or consulate, as the case may
be.
(c) Basis for Estimates.--The Department shall base its
growth assumption for all NECs and NCCs on the estimates
required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection for a NEC or NCC submitted
after the date of the enactment of this Act shall include the
growth assumption used pursuant to subsection (c).
SEC. 5206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
next five years as the Secretary of State considers
appropriate, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety; and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include
[[Page H7191]]
a one-time status report on existing small diplomatic posts
and a strategy for establishing a physical diplomatic
presence in countries in which there is no current physical
diplomatic presence and with which the United States
maintains diplomatic relations. Such report, which may
include a classified annex, shall include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post
provides.
(F) A recommendation of whether any small diplomatic posts
should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary shall submit the plans to the
appropriate congressional committees and the Committees on
Appropriations of the Senate and the House of
Representatives.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department's
budget for any fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code), the plans required under subsection (a) shall
be referenced to justify funding requested for building and
maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the
term ``small diplomatic post'' means any United States
embassy or consulate that has employed five or fewer United
States Government employees or contractors on average over
the 36 months prior to the date of the enactment of this Act.
SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs pursuant
to OMB Circular A-131, Value Engineering, dated December 31,
2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any notification
that includes the allocation of capital construction and
maintenance funds shall be submitted to the appropriate
congressional committees.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required
under paragraph (1) shall include confirmation that the
Department has completed the requisite VE and risk management
process described in subsection (a), or applicable successor
process.
(c) Reporting and Briefing Requirements.--The Secretary
shall provide to the appropriate congressional committees
upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise
yield significant cost savings to the Department if
implemented.
SEC. 5208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is
amended by striking ``in 3 years'' and inserting
``cumulatively over 3 years''.
SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate upon request information on physical
security deficiencies at United States diplomatic posts,
including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 5210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that information on the current
threat environment shall be provided to all United States
Government employees under chief of mission authority
traveling to a foreign country on official business. To the
extent practicable, such material shall be provided to such
employees prior to their arrival at a United States
diplomatic post or as soon as possible thereafter.
SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be
appropriate, the Secretary shall make use of such method at
United States diplomatic posts that have not yet received
design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a
delivery method other than design-build in accordance with
subsection (a), the Secretary of State shall notify the
appropriate congressional committees in writing of the
decision, including the reasons therefor. The notification
required by this subsection may be included in any other
report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional
committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees
regarding performance evaluation measures in accordance with
GAO's ``Standards for Internal Control in the Federal
Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance
programs of the Bureau of Overseas Building Operations of the
Department.
SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committee and the Committees on
Appropriations of the Senate and the House of Representatives
a report detailing steps the Department of State is taking to
expand the embassy construction contractor base in order to
increase competition and maximize value.
SEC. 5213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its
successor office shall continue to balance functionality and
security with accessibility, as defined by guidelines
established by the United States Access Board in constructing
embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) to the fullest extent possible.
SEC. 5214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and
construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized design for the structural, spatial, or security
requirements of such embassy compound or consulate compound,
as the case may be.
TITLE LIII--PERSONNEL ISSUES
Sec. 5301. Defense Base Act insurance waivers.
Sec. 5302. Study on Foreign Service allowances.
Sec. 5303. Science and technology fellowships.
Sec. 5304. Travel for separated families.
Sec. 5305. Home leave travel for separated families.
Sec. 5306. Sense of Congress regarding certain fellowship programs.
Sec. 5307. Technical correction.
Sec. 5308. Foreign Service awards.
Sec. 5309. Workforce actions.
Sec. 5310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 5311. Employee assignment restrictions and preclusions.
Sec. 5312. Recall and reemployment of career members.
Sec. 5313. Strategic staffing plan for the Department of State.
Sec. 5314. Consulting services.
Sec. 5315. Incentives for critical posts.
Sec. 5316. Extension of authority for certain accountability review
boards.
Sec. 5317. Foreign Service suspension without pay.
Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 5319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 5320. Appointment of employees to the Global Engagement Center.
Sec. 5321. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 5322. Report relating to Foreign Service Officer training and
development.
Sec. 5323. Cooperation with Office of the Inspector General.
Sec. 5324. Information on educational opportunities for children with
special education needs consistent with the Individuals
with Disabilities Education Act.
Sec. 5325. Implementation of gap memorandum in selection board process.
SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall
apply to the Department of Labor for a waiver from insurance
requirements under the Defense Base Act (42 U.S.C. 1651 et
seq.) for all countries with respect to which the requirement
was waived prior to January 2017, and for which there is not
currently a waiver.
(b) Certification Requirement.--Not later than 45 days
after the date of the enactment of
[[Page H7192]]
this Act, the Secretary shall certify to the appropriate
congressional committees that the requirement in subsection
(a) has been met.
SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on
the foreign assignment of Foreign Service officers (FSOs), to
be conducted by a federally-funded research and development
center with appropriate expertise in labor economics and
military compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service bidding
system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to bid on
particular assignments, including danger levels and hardship
conditions;
(D) examine the Department's strategy and process for
incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military compensation
and allowances, noting which allowances are shared or based
on the same regulations;
(F) recommend options for restructuring allowances to
improve the efficiency of the assignments system and better
align FSO incentives with the needs of the Foreign Service,
including any cost savings associated with such
restructuring;
(G) recommend any statutory changes necessary to implement
subparagraph (F), such as consolidating existing legal
authorities for the provision of hardship and danger pay; and
(H) detail any effects of recommendations made pursuant to
subparagraphs (F) and (G) on other United States Government
departments and agencies with civilian employees permanently
assigned or on temporary duty in foreign areas, following
consultation with such departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary
shall provide to the appropriate congressional committees a
briefing on the implementation of this section that includes
the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department and such
federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1) all necessary
and relevant information to allow such center to conduct such
analysis in a quantitative and analytical manner, including
historical data on the number of bids for each foreign
assignment and any survey data collected by the Department
from eligible bidders on their bid decision-making.
(2) Cooperation.--The Secretary shall work with the heads
of other relevant United States Government departments and
agencies to ensure such departments and agencies provide all
necessary and relevant information to the federally-funded
research and development center carrying out the analysis
required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary shall
require that the chief executive officer of the federally-
funded research and development center that carries out the
analysis required under subsection (a)(1) submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an interim report on such analysis not later than 180 days
after the date of the enactment of this Act.
SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at
the end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary is authorized to make
grants or enter into cooperative agreements related to
Department of State science and technology fellowship
programs, including for assistance in recruiting fellows and
the payment of stipends, travel, and other appropriate
expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in
any fiscal year.''.
SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad'' and inserting ``in
the case of one or more children below age 21 of a member of
the Service assigned abroad, 1 round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to visit the
member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to visit the
other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the child or
children abroad if the child or children do not regularly
reside with that parent and that parent is not receiving an
education allowance or educational travel allowance for the
child or children under section 5924(4) of title 5, United
States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22
U.S.C. 4083(b)) is amended by adding at the end the following
new sentence: ``In cases in which a member of the Service has
official orders to an unaccompanied post and in which the
family members of the member reside apart from the member at
authorized locations outside the United States, the member
may take the leave ordered under this section where that
member's family members reside, notwithstanding section 10305
of title 5, United States Code.''.
SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.
It is the sense of Congress that Department fellowships
that promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the
Donald M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 5307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign
Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the
matter preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the
Service''.
SEC. 5308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980
is amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 5309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary should continue to hold
entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department will lack experienced, qualified personnel in the
short, medium, and long terms.
(b) Limitation.--The Secretary should not implement any
reduction-in-force action under section 3502 or 3595 of title
5, United States Code, or for any incentive payments for
early separation or retirement under any other provision of
law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service specialist
rank;
(ii) civil service job skill code, grade level, and bureau
of assignment;
(iii) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including their
equivalent grade and job skill code and bureau of assignment.
SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT
THE DEPARTMENT OF STATE.
It is the sense of Congress that--
[[Page H7193]]
(1) the Department should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 10406 of this Act, including those veterans belonging
to traditionally underrepresented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in
a variety of regional and global affairs bureaus and
diplomatic posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the
workforce.
SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department should expand the appeal process it makes
available to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Subsection (a) of section 414 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is
amended by adding at the end the following new sentences:
``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall
have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance. Any
such appeal shall be resolved not later than 60 days after
such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
revise, and certify to the appropriate congressional
committees regarding such revision, the Foreign Affairs
Manual guidance regarding denial or revocation of a security
clearance to expressly state that all review and appeal
rights relating thereto shall also apply to any
recommendation or decision to impose an assignment
restriction or preclusion to an employee.
(d) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate a report that
contains the following:
(1) A rationale for the use of assignment restrictions by
the Department of State, including specific case studies
related to cleared United States Foreign Service and civil
service employees of the Department that demonstrate country-
specific restrictions serve a counterintelligence role beyond
that which is already covered by the security clearance
process.
(2) The number of such Department employees subject to
assignment restrictions over the previous year, with data
disaggregated by--
(A) identification as a Foreign Service officer, civil
service employee, eligible family member, or other employment
status;
(B) the ethnicity, national origin, and race of the
precluded employee;
(C) gender; and
(D) the country of restriction.
(3) A description of the considerations and criteria used
by the Bureau of Diplomatic Security to determine whether an
assignment restriction is warranted.
(4) The number of restrictions that were appealed and the
success rate of such appeals.
(5) The impact of assignment restrictions in terms of
unused language skills as measured by Foreign Service
Institute language scores of such precluded employees.
(6) Measures taken to ensure the diversity of adjudicators
and contracted investigators, with accompanying data on
results.
SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable service
to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills
to the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities.--Title 5, United
States Code, is amended by inserting after chapter 102 the
following new chapter:
``CHAPTER 103--DEPARTMENT OF STATE
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``10302. Consulting services for the Department of State.
``Sec. 10301. Notice of employment opportunities for
Department of State and USAID positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including www.usajobs.gov. If
using merit promotion procedures, the notice shall expressly
state that former employees eligible for reinstatement may
apply.''.
(c) Clerical Amendment.--The table of chapters at the
beginning of title 5, United States Code, is amended by
inserting after the item relating to chapter 102 the
following:
``103. Department of State................................10301.''.....
SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF
STATE.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees and the Committees on
Appropriations of the Senate and the House of Representatives
a comprehensive 5-year strategic staffing plan for the
Department that is aligned with and furthers the objectives
of the National Security Strategy of the United States of
America issued in December 2017, or any subsequent strategy
issued not later than 18 months after the date of the
enactment of this Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report
GAO-19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service specialist
rank;
(B) civil service job skill code, grade level, and bureau
of assignment;
(C) contracted employees, including the equivalent job
skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including the
equivalent grade and job skill code and bureau of assignment
of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted
at each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary shall lead the development
of the plan required under subsection (a) but may consult or
partner with private sector entities with expertise in labor
economics, management, or human resources, as well as
organizations familiar with the demands and needs of the
Department's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages,
the effect of such shortages on national security objectives,
and the Department's plan to implement recommendations
described in GAO-19-220.
SEC. 5314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States
Code, as added by section 10312, is amended by adding at the
end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of
State through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those
contracts with respect to which expenditures are a matter of
public record and available for public inspection, except if
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter
103 of title 5, United States Code, as added by section
10312(b) of this Act, is amended by adding after the item
relating to section 10301 of title 5, United States Code, the
following new item:
``10302. Consulting services for the Department of State.''.
SEC. 5315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) is amended by striking the last
sentence.
SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY
REVIEW BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.
SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each member of the Service suspended under
paragraph (1)(A) whose security clearance remains suspended
for more than one calendar year, not later than 30 days after
the end of such calendar year, the Secretary of State shall
report to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate in writing regarding the specific reasons relating to
the duration of each such suspension.
``(6) Any member of the Service suspended under paragraph
(1)(B) may be suspended without pay only after a final
written decision is
[[Page H7194]]
provided to such member pursuant to paragraph (2).''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``this subsection'' and all that follows
through ``The term'' in subparagraph (A) and inserting ``this
subsection, the term'';
(B) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving such subparagraphs 2
ems to the left; and
(C) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension'').
SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS
HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the
Foreign Affairs Handbook apply with equal force and effect
and without exception to all Department of State personnel,
including the Secretary of State, Department employees, and
political appointees, regardless of an individual's status as
a Foreign Service officer, Civil Service employee, or
political appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a
certification in unclassified form that the applicability
described in subsection (a) has been communicated to all
Department personnel, including the personnel referred to in
such subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
5 years, the Secretary shall submit to the appropriate
congressional committees a report detailing all significant
changes made to the Foreign Affairs Manual or the Foreign
Affairs Handbook.
(2) Covered periods.--The first report required under
paragraph (1) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(3) Contents.--Each report required under paragraph (1)
shall contain the following:
(A) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(B) The statutory basis for each such change, as
applicable.
(C) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(D) A summary of such changes displayed in spreadsheet
form.
SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL
REQUIREMENTS OF CERTAIN POSITIONS.
The Secretary of State may waive any or all of the
individual occupational requirements with respect to an
employee or prospective employee of the Department of State
for a civilian position categorized under the GS-0130
occupational series if the Secretary determines that the
individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to
performing the duties of the applicable position, based on
demonstrated job performance and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document that is
transmitted to the Director of the Office of Personnel
Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT
CENTER.
The Secretary may appoint, for a 3-year period that may be
extended for up to an additional 2 years, solely to carry out
the functions of the Global Engagement Center, employees of
the Department without regard to the provisions of title 5,
United States Code, governing appointment in the competitive
service, and may fix the basic compensation of such employees
without regard to chapter 51 and subchapter III of chapter 53
of such title.
SEC. 5321. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY
INSPECTORS GENERAL TO SUPPORT THE LEAD IG
MISSION.
Subparagraph (A) of section 8L(d)(5)(A) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking
``a lead Inspector General for'' and inserting ``any of the
Inspectors General specified in subsection (c) for oversight
of''.
SEC. 5322. REPORT RELATING TO FOREIGN SERVICE OFFICER
TRAINING AND DEVELOPMENT.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a report on
fellowships or details for Department of State Foreign
Service generalists at--
(1) the Department of Defense;
(2) United States intelligence agencies; and
(3) congressional offices or committees.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) The number of Senior Foreign Service Officer
generalists who, as of the date of the enactment of this Act,
have done a tour of at least one year in any of the agencies
or congressional committees described in subsection (a).
(2) The total number of senior Foreign Service Officer
generalists as of the date of the enactment of this Act.
(3) The average number of Senior Foreign Service Officer
generalists inducted annually during the 10 years preceding
the date of the enactment of this Act.
(4) The total number of Department advisors stationed in
any of the agencies or congressional offices described in
subsection (a), including the agencies or offices in which
such advisors serve.
(5) The total number of advisors from other United States
Government agencies stationed in the Department of State
(excluding defense attaches, senior defense officials, and
other Department of Defense personnel stationed in United
States missions abroad), the home agency of the advisor, and
the offices in which such advisors serve.
(c) Educational Exclusion.--For the purposes of the report
required under subsection (a), educational programs shall not
be included.
SEC. 5323. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State shall make explicit in writing to all Department of
State personnel, including the Secretary of State, Department
employees, contractors, and political appointees, and shall
consider updating the Foreign Affairs Manual and the Foreign
Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for
an interview or access to documents from the Office of the
Inspector General of the Department, such personnel may be
subject to appropriate administrative discipline including,
when circumstances warrant, suspension without pay or
removal.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and on a quarterly basis
thereafter, the Office of the Inspector General of the
Department of State and the United States Agency for Global
Media shall submit to the appropriate congressional
committees and the Secretary of State a report in
unclassified form detailing the following:
(A) The number of individuals who have failed to comply
within 60 days with a request for an interview or access to
documents from the Office of the Inspector General pertaining
to a noncriminal matter.
(B) The date on which such requests were initially made.
(C) Any extension of time that was voluntarily granted to
such individual by the Office of the Inspector General.
(D) The general subject matters regarding which the Office
of the Inspector General has requested of such individuals.
(2) Form.--Additional information pertaining solely to the
subject matter of a request described in paragraph (1) may be
provided in a supplemental classified annex, if necessary,
but all other information required by the reports required
under such paragraph shall be provided in unclassified form.
SEC. 5324. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR
CHILDREN WITH SPECIAL EDUCATION NEEDS
CONSISTENT WITH THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department
of State shall maintain and update a list of overseas schools
receiving assistance from the Office and detailing the extent
to which each such school provides special education and
related services to children with disabilities in accordance
with part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.). Each list required under this
section shall be posted on the public website of the Office
for access by members of the Foreign Service, the Senior
Foreign Service, and their eligible family members.
SEC. 5325. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION
BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of
1980 (22 U.S.C. 4003) is amended by adding at the end the
following new subsection:
``(c)(1) A member of the Service or member of the Senior
Foreign Service whose performance will be evaluated by a
selection board may submit to such selection board a gap memo
in advance of such evaluation.
``(2) Members of a selection board may not consider as
negative the submission of a gap memo by a member described
in paragraph (1) when evaluating the performance of such
member.
``(3) In this subsection, the term `gap memo' means a
written record, submitted to a selection board in a standard
format established by the Director General of the Foreign
Service, which indicates and explains a gap in the record of
a member of the Service or member of the Senior Foreign
Service whose performance will be evaluated by such selection
board, which gap is due to personal circumstances, including
for health, family, or other reason as determined by the
Director General in consultation with the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the date of
the enactment of this Act, the Director General of the
Foreign Service shall consult with the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate regarding the development of
the gap memo under subsection (c) of section 603 of the
Foreign Service Act of 1980 (22 U.S.C. 4003), as added by
subsection (a) of this section.
(2) Definition.--In this subsection, the term ``gap memo''
has the meaning given such term in subsection (c) of section
603 of the Foreign Service Act of 1980 (22 U.S.C. 4003), as
added by subsection (a) of this section.
TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 5401. Definitions.
Sec. 5402. Exit interviews for workforce.
Sec. 5403. Recruitment and retention.
Sec. 5404. Leadership engagement and accountability.
Sec. 5405. Professional development opportunities and tools.
Sec. 5406. Examination and oral assessment for the Foreign Service.
[[Page H7195]]
Sec. 5407. Payne fellowship authorization.
Sec. 5408. Voluntary participation.
SEC. 5401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity'' (81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as defined in section 2101 of title 5, United States Code);
(B) individuals who are members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3902));
(C) all individuals serving under a personal services
contract;
(D) all individuals serving under a Foreign Service Limited
appointment under section 309 of the Foreign Service Act of
1980; or
(E) individuals other than Locally Employed Staff working
in the Department of State under any other authority.
SEC. 5402. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall conduct periodic interviews with a
representative and diverse cross-section of the workforce of
the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall provide an opportunity for an exit
interview to each individual in the workforce of the
Department who separates from service with the Department to
better understand the reasons of such individual for leaving
such service.
(c) Use of Analysis From Interviews.--The Director General
of the Foreign Service and the Director of the Bureau of
Human Resources or its equivalent shall analyze demographic
data and other information obtained through interviews under
subsections (a) and (b) to determine to what extent, if any,
the diversity of those participating in such interviews
impacts the results.
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles;
and
(B) to understand the extent to which participation in any
professional development program offered or sponsored by the
Department differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 5403. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department to have a recruitment plan of action for the
recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-
discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department's Diversity and Inclusion
Strategic Plan for 2016-2020 to promote diversity in Bureau
awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who
needs such training based on analysis by the Department or
OPM analysis.
(2) Best practices.--The Department shall give special
attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 5404. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance
and advancement requirements that reward and recognize the
efforts of individuals in senior positions and supervisors in
the Department in fostering an inclusive environment and
cultivating talent consistent with merit system principles,
such as through participation in mentoring programs or
sponsorship initiatives, recruitment events, and other
similar opportunities.
(2) Outreach events.--The Secretary shall create
opportunities for individuals in senior positions and
supervisors in the Department to participate in outreach
events and to discuss issues relating to diversity and
inclusion with the workforce on a regular basis, including
with employee resource groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department appoint members, the
Secretary is strongly encouraged by Congress to ensure such
external advisory committee or board is developed, reviewed,
and carried out by qualified teams that represent the
diversity of the organization.
SEC. 5405. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to expand
professional development opportunities that support the
mission needs of the Department, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary shall offer, or sponsor
members of the workforce to participate in, a Senior
Executive Service candidate development program or other
program that trains members on the skills required for
appointment to senior positions in the Department.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the
Secretary shall--
(i) ensure any program offered or sponsored by the
Department under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto, including
merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior
positions as a factor in determining the number of candidates
to select for such programs;
(iii) understand how participation in any program offered
or sponsored by the Department under such subparagraph
differs by gender, race, national origin, disability status,
or other demographic categories; and
(iv) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
SEC. 5406. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that
the Department should offer both the Foreign Service written
examination and oral assessment in more locations throughout
the United States. Doing so would ease the financial burden
on potential candidates who do not currently reside in and
must travel at their own expense to one of the few locations
where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of
Examiners for the Foreign Service annually offers the oral
assessment examinations described in paragraph (1) in cities,
chosen on a rotating basis, located in at least three
different time zones across the United States.''.
SEC. 5407. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of
the Donald M. Payne International Development Fellowship
Program may conduct outreach to attract outstanding students
with an interest in pursuing a Foreign Service career who
represent diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review
past programs designed to
[[Page H7196]]
increase minority representation in international affairs
positions.
SEC. 5408. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed
so as to compel any employee to participate in the collection
of the data or divulge any personal information. Department
employees shall be informed that their participation in the
data collection contemplated by this title is voluntary.
(b) Privacy Protection.--Any data collected under this
title shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
TITLE LV--INFORMATION SECURITY
Sec. 5501. Definitions.
Sec. 5502. List of certain telecommunications providers.
Sec. 5503. Preserving records of electronic communications.
Sec. 5504. Foreign Relations of the United States (FRUS) series and
declassification.
SEC. 5501. DEFINITIONS.
In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary,
in consultation with the Director of National Intelligence
and other appropriate Federal agencies as determined jointly
by the Secretary and the Director of National Intelligence,
shall develop or maintain, as the case may be, and update as
frequently as the Secretary determines appropriate, a list of
covered contractors with respect to which the Department
should seek to avoid entering into contracts. Not later than
30 days after the initial development of the list under this
subsection, any update thereto, and annually thereafter for 5
years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of
such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of
telecommunications, telecommunications equipment, or
information technology equipment, including hardware,
software, or services, that has knowingly assisted or
facilitated a cyber attack or conducted surveillance,
including passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment
of worldwide threats to United States national security or
any subsequent worldwide threat assessment of the
intelligence community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of
a country included in the annual country reports on human
rights practices of the Department for systematic acts of
political repression, including arbitrary arrest or
detention, torture, extrajudicial or politically motivated
killing, or other gross violations of human rights.
SEC. 5503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS.
(a) Sense of Congress.--It is the sense of Congress that
all officers and employees of the Department and the United
States Agency for International Development are obligated
under chapter 31 of title 44, United States Code (popularly
referred to as the Federal Records Act of 1950), to create
and preserve records containing adequate and proper
documentation of the organization, functions, policies,
decisions, procedures, and essential transactions or
operations of the Department and United States embassies,
consulates, and missions abroad, including records of
official communications with foreign government officials or
other foreign entities.
(b) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a certification in
unclassified form that the Secretary has communicated to all
Department personnel, including the Secretary of State and
all political appointees, that such personnel are obligated
under chapter 31 of title 44, United States Code, to treat
electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying
Federal records.
SEC. 5504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404(a)(1) (22 U.S.C. 4354(a)(1), by striking
``30''and inserting ``25''.
TITLE LVI--PUBLIC DIPLOMACY
Sec. 5601. Short title.
Sec. 5602. Avoiding duplication of programs and efforts.
Sec. 5603. Improving research and evaluation of public diplomacy.
Sec. 5604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 5605. Streamlining of support functions.
Sec. 5606. Guidance for closure of public diplomacy facilities.
Sec. 5607. Definitions.
SEC. 5601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy
Modernization Act of 2021''.
SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary,
acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department in
order to--
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that
public diplomacy programs and activities across all public
diplomacy bureaus and offices are designed to meet
appropriate foreign policy objectives; and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection
(f), regarding the research and evaluation of all public
diplomacy bureaus and offices.
(4) Guidance and training.--Not later than 1 year after the
appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among
the research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department should gradually increase its allocation of
funds made available under the headings ``Educational and
Cultural Exchange Programs'' and ``Diplomatic Programs'' for
research and evaluation of public diplomacy programs and
activities of the Department pursuant to subsection (b) to a
percentage of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction
Act.--Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') shall not apply to
the collection of information directed at any individuals
conducted by, or on behalf of, the Department of State for
the purpose of audience research, monitoring, and
evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
[[Page H7197]]
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain, collect,
use, and disseminate records (as such term is defined in
section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation
of communications related to public diplomacy efforts
intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(f) United States Advisory Commission on Public
Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall
establish a Subcommittee on Research and Evaluation to
monitor and advise regarding audience research, digital
analytics, and impact evaluations carried out by the
Department and the United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency
for Global Media, describing all actions taken by the
Subcommittee pursuant to paragraph (1) and any findings made
as a result of such actions.
SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES
ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall establish a working group to explore the possibilities
and cost-benefit analysis of transitioning to a shared
services model as such pertains to human resources, travel,
purchasing, budgetary planning, and all other executive
support functions for all bureaus of the Department that
report to the Under Secretary for Public Diplomacy of the
Department.
(b) 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 plan to implement any
such findings of the working group established under
subsection (a).
SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
adopt, and include in the Foreign Affairs Manual, guidelines
to collect and utilize information from each diplomatic post
at which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or
any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection
(a) shall include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming
at such diplomatic post if any public diplomacy facility
referred to in subsection (a) is closed or staff is co-
located in accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary and the
appropriate Under Secretaries and Assistant Secretaries of
the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 5607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design
regarding specific audience segments to understand the
attitudes, interests, knowledge, and behaviors of such
audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted
by a public diplomacy program or campaign that can be
attributed to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect
to the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the regional and
functional bureaus.
TITLE LVII--OTHER MATTERS
Sec. 5701. Limitation on assistance to countries in default.
Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 5703. Chief of mission concurrence.
Sec. 5704. Report on efforts of the Coronavirus Repatriation Task
Force.
SEC. 5701. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
that assistance for such country is in the national interest
of the United States.''; and
(5) by adding at the end the following new paragraph:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country
which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest
or any loan made to the government of such country by the
United States unless the President determines, following
consultation with the congressional committees specified in
paragraph (1), that assistance for such country is in the
national interest of the United States.''.
SEC. 5702. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children involved''
before the semicolon at the end; and
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all
countries.''.
SEC. 5703. CHIEF OF MISSION CONCURRENCE.
In the course of a chief of mission providing concurrence
to the exercise of the authority pursuant to section 127e of
title 10, United States Code, or section 1202 of the National
Defense Authorization Act for Fiscal Year 2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant
compartmented and special programs to so consult in a timely
manner with respect to such concurrence.
SEC. 5704. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION
TASK FORCE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees, the Committee on Armed
Services of the House of Representatives, and the Committee
on Armed Services of the Senate a report evaluating the
efforts of the Coronavirus Repatriation Task Force of the
Department of State to repatriate United States citizens and
legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
[[Page H7198]]
DIVISION F--OTHER NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LXI--FINANCIAL SERVICES MATTERS
Sec. 6101. FinCEN Exchange.
Sec. 6102. Adverse information in cases of trafficking.
Sec. 6103. Support to enhance the capacity of International Monetary
Fund members to evaluate the legal and financial terms of
sovereign debt contracts.
Sec. 6104. United States policy on Burma at the International Monetary
Fund, the World Bank Group, and the Asian Development
Bank.
Sec. 6105. United States policy regarding international financial
institution assistance with respect to advanced wireless
technologies.
Sec. 6106. Illicit finance improvements.
Sec. 6107. Briefing on delegation of examination authority under the
Bank Secrecy Act.
SEC. 6101. FINCEN EXCHANGE.
Section 310(d) of title 31, United States Code, is
amended--
(1) in paragraph (2), by inserting ``other relevant private
sector entities,'' after ``financial institutions,'';
(2) in paragraph (3)(A)(i)(II), by inserting ``and other
relevant private sector entities'' after ``financial
institutions''; and
(3) in paragraph (5)--
(A) in subparagraph (A), by inserting ``or other relevant
private sector entity'' after ``financial institution''; and
(B) in subparagraph (B)--
(i) by striking ``Information'' and inserting the
following:
``(i) Use by financial institutions.--Information''; and
(ii) by adding at the end the following:
``(ii) Use by other relevant private sector entities.--
Information received by a relevant private sector entity that
is not a financial institution pursuant to this section shall
not be used for any purpose other than assisting a financial
institution in identifying and reporting on activities that
may involve the financing of terrorism, money laundering,
proliferation financing, or other financial crimes, or in
assisting FinCEN or another agency of the Federal Government
in mitigating the risk of the financing of terrorism, money
laundering, proliferation financing, or other criminal
activities.''.
SEC. 6102. ADVERSE INFORMATION IN CASES OF TRAFFICKING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by inserting after section 605B the
following:
``Sec. 605C. Adverse information in cases of trafficking
``(a) Definitions.--In this section:
``(1) Trafficking documentation.--The term `trafficking
documentation' means--
``(A) documentation of--
``(i) a determination that a consumer is a victim of
trafficking made by a Federal, State, or Tribal governmental
entity; or
``(ii) by a court of competent jurisdiction; and
``(B) documentation that identifies items of adverse
information that should not be furnished by a consumer
reporting agency because the items resulted from a severe
form of trafficking in persons or sex trafficking of which
the consumer is a victim.
``(2) Trafficking victims protection act of 2000
definitions.--The terms `severe forms of trafficking in
persons' and `sex trafficking' have the meanings given,
respectively, in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
``(3) Victim of trafficking.--The term `victim of
trafficking' means a person who is a victim of a severe form
of trafficking in persons or sex trafficking.
``(b) Adverse Information.--A consumer reporting agency may
not furnish a consumer report containing any adverse item of
information about a consumer that resulted from a severe form
of trafficking in persons or sex trafficking if the consumer
has provided trafficking documentation to the consumer
reporting agency.
``(c) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Director shall issue
rules to implement subsection (a).
``(2) Contents.--The rules issued pursuant to paragraph (1)
shall establish a method by which consumers shall submit
trafficking documentation to consumer reporting agencies.''.
(b) Table of Contents Amendment.--The table of contents of
the Fair Credit Reporting Act is amended by inserting after
the item relating to section 605B the following:
``605C. Adverse information in cases of trafficking.''.
(c) Application.--The amendments made by this section shall
apply on the date that is 30 days after the date on which the
Director of the Bureau of Consumer Financial Protection
issues a rule pursuant to section 605C(c) of the Fair Credit
Reporting Act, as added by subsection (a) of this section.
Any rule issued by the Director to implement such section
605C shall be limited to preventing a consumer reporting
agency from furnishing a consumer report containing any
adverse item of information about a consumer (as such terms
are defined, respectively, in section 603 the Fair Credit
Reporting Act (15 U.S.C. 1681a)) that resulted from
trafficking.
SEC. 6103. SUPPORT TO ENHANCE THE CAPACITY OF INTERNATIONAL
MONETARY FUND MEMBERS TO EVALUATE THE LEGAL AND
FINANCIAL TERMS OF SOVEREIGN DEBT CONTRACTS.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by
adding at the end the following:
``SEC. 1630. SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS
TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF
SOVEREIGN DEBT CONTRACTS.
``The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund
to use the voice and vote of the United States to advocate
that the Fund promote international standards and best
practices with respect to sovereign debt contracts and
provide technical assistance to Fund members, and in
particular to lower middle-income countries and countries
eligible to receive assistance from the International
Development Association, seeking to enhance their capacity to
evaluate the legal and financial terms of sovereign debt
contracts with multilateral, bilateral, and private sector
creditors.''.
(b) Report to the Congress.--Within 1 year after the date
of the enactment of this Act, and annually thereafter for the
next 4 years, the Secretary of the Treasury shall report to
the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate on--
(1) the activities of the International Monetary Fund in
the then most recently completed fiscal year to provide
technical assistance described in section 1630 of the
International Financial Institutions Act (as added by this
section), including the ability of the Fund to meet the
demand for the assistance; and
(2) the efficacy of efforts by the United States to achieve
the policy goal described in such section and any further
actions that should be taken, if necessary, to implement that
goal.
(c) Sunset.--The amendment made by subsection (a) shall
have no force or effect after the 5-year period that begins
with the date of the enactment of this Act.
SEC. 6104. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL
MONETARY FUND, THE WORLD BANK GROUP, AND THE
ASIAN DEVELOPMENT BANK.
(a) Sense of the Congress.--It is the sense of the Congress
that the United States should not support the recognition of,
or dealing with, the State Administration Council, or any
successor entity controlled by the military, as the
government of Burma for the purpose of the provision of any
loan or financial assistance by the International Monetary
Fund, the World Bank Group, or the Asian Development Bank,
except for humanitarian assistance channeled through an
implementing agency not controlled by the Burmese military.
(b) Policy.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.), as amended by
section 6103, is further amended by adding at the end the
following:
``SEC. 1631. UNITED STATES POLICY ON BURMA AT THE
INTERNATIONAL MONETARY FUND, THE WORLD BANK
GROUP, AND THE ASIAN DEVELOPMENT BANK.
``(a) Policy of the United States.--The Secretary of
Treasury shall instruct the United States Executive Directors
at the International Monetary Fund, the World Bank Group, and
the Asian Development Bank to inform the respective
institution that it is the policy of the United States to
oppose, and to use the voice and vote of the United States to
vote against, any loan or financial assistance to Burma
through the State Administration Council, or any successor
entity controlled by the military, except for humanitarian
assistance channeled through an implementing agency not
controlled by the Burmese military.
``(b) Submission of Written Statements.--No later than 60
calendar days after a meeting of the Board of Directors of
the World Bank Group or the Asian Development Bank, the
Secretary of the Treasury shall submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate any written
statement presented at the meeting by the United States
Executive Director concerning the United States policy
described in subsection (a) or the United States position on
any strategy, policy, loan, extension of financial
assistance, or technical assistance related to Burma
considered by the Board.
``(c) Waiver.--The President of the United States may waive
the application of subsection (a) on a case-by-case basis
upon certifying to the Committee on Financial Services of the
House of Representatives and the Committee on Foreign
Relations of the Senate that the waiver--
``(1) substantially promotes the objective of delivering
humanitarian assistance to the civilian population of Burma,
including a detailed explanation as to the need for such a
waiver, the nature of the humanitarian assistance, the
mechanisms through which such assistance will be delivered,
and the oversight safeguards that will accompany such
assistance; or
``(2) is otherwise in the national interest of the United
States, with a detailed explanation of the reasons therefor.
``(d) World Bank Group Defined.--In this section, the term
`World Bank Group' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, and the
Multilateral Investment Guarantee Agency.''.
(c) Sunset.--Section 1631 of the International Financial
Institutions Act, as added by subsection (b), is repealed on
the earlier of--
(1) the date the President of the United States submits to
the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate a certification that--
[[Page H7199]]
(A) the Burmese military has released all political
prisoners;
(B) an elected government has been instated following free
and fair elections; and
(C) all government institutions involved in the provision
of multilateral assistance are fully under civilian control;
or
(2) the date that is 10 years after the date of the
enactment of this Act.
SEC. 6105. UNITED STATES POLICY REGARDING INTERNATIONAL
FINANCIAL INSTITUTION ASSISTANCE WITH RESPECT
TO ADVANCED WIRELESS TECHNOLOGIES.
(a) In General.--The Secretary of the Treasury (in this
section referred to as the ``Secretary'') shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act (22 U.S.C.
262r(c)(2))) that it is the policy of the United States to--
(1) support assistance by the institution with respect to
advanced wireless technologies (such as 5th generation
wireless technology for digital cellular networks and related
technologies) only if the technologies provide appropriate
security for users;
(2) proactively encourage assistance with respect to
infrastructure or policy reforms that facilitate the use of
secure advanced wireless technologies; and
(3) cooperate, to the maximum extent practicable, with
member states of the institution, particularly with United
States allies and partners, in order to strengthen
international support for such technologies.
(b) Waiver Authority.--The Secretary may waive subsection
(a) on a case-by-case basis, on reporting to the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate that the
waiver--
(1) will allow the United States to effectively promote the
objectives of the policy described in subsection (a); or
(2) is in the national interest of the United States, with
an explanation of the reasons therefor.
(c) Progress Report.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies
shall include in the annual report required by section 1701
of the International Financial Institutions Act (22 U.S.C.
262r) a description of progress made toward advancing the
policy described in subsection (a) of this section.
(d) Sunset.--The preceding provisions of this section shall
have no force or effect after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary reports to the committees
specified in subsection (b) that terminating the
effectiveness of the provisions is important to the national
interest of the United States, with a detailed explanation of
the reasons therefor.
SEC. 6106. ILLICIT FINANCE IMPROVEMENTS.
(a) Scope of the Meetings of the Supervisory Team on
Countering Illicit Finance.--Section 6214(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (31 U.S.C. 5311 note) is amended by striking
``to combat the risk relating to proliferation financing''
and inserting ``for the purposes of countering illicit
finance, including proliferation finance and sanctions
evasion''.
(b) Combating Russian Money Laundering.--Section 9714 of
the Combating Russian Money Laundering Act (Public Law 116-
283) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Classified Information.--In any judicial review of a
finding of the existence of a primary money laundering
concern, or of the requirement for 1 or more special measures
with respect to a primary money laundering concern made under
this section, if the designation or imposition, or both, were
based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act (18 U.S.C.
App.), such information may be submitted by the Secretary to
the reviewing court ex parte and in camera. This subsection
does not confer or imply any right to judicial review of any
finding made or any requirement imposed under this section.
``(c) Availability of Information.--The exemptions from,
and prohibitions on, search and disclosure provided in
section 5319 of title 31, United States Code, shall apply to
any report or record of report filed pursuant to a
requirement imposed under subsection (a) of this section. For
purposes of section 552 of title 5, United States Code, this
subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
``(d) Penalties.--The penalties provided for in sections
5321 and 5322 of title 31, United States Code, that apply to
violations of special measures imposed under section 5318A of
title 31, United States Code, shall apply to violations of
any order, regulation, special measure, or other requirement
imposed under subsection (a) of this section, in the same
manner and to the same extent as described in sections 5321
and 5322.
``(e) Injunctions.--The Secretary of the Treasury may bring
a civil action to enjoin a violation of any order,
regulation, special measure, or other requirement imposed
under subsection (a) of this section in the same manner and
to the same extent as described in section 5320 of title 31,
United States Code.''.
SEC. 6107. BRIEFING ON DELEGATION OF EXAMINATION AUTHORITY
UNDER THE BANK SECRECY ACT.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Treasury
shall, after consultation with State bank supervisors,
Federal financial regulators, and other relevant
stakeholders, conduct a briefing for the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate with respect to the delegation of examination
authority under the Bank Secrecy Act by the Secretary of the
Treasury.
(b) Contents.--The briefing conducted by the Secretary of
the Treasury pursuant to subsection (a) shall address--
(1) the current status of the delegation of examination
authority under the Bank Secrecy Act by the Secretary of the
Treasury, including with respect to the mission of the Bank
Secrecy Act;
(2) how frequently, on average, agencies delegated exam
authority under the Bank Secrecy Act by the Secretary are
able to examine entities for which they have delegated
authorities;
(3) whether agencies delegated examination authority under
the Bank Secrecy Act by the Secretary of the Treasury have
appropriate resources to perform such delegated
responsibilities; and
(4) whether the examiners within agencies delegated
examination authority under the Bank Secrecy Act by the
Secretary of the Treasury have sufficient training and
support to perform delegated responsibilities.
(c) Definitions.--In this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
means--
(A) section 21 of the Federal Deposit Insurance Act (12
U.S.C. 1829b);
(B) section 123 of Public Law 91-508; and
(C) subchapter II of chapter 53 of title 31, United States
Code.
(2) Federal financial regulators.--The term ``Federal
financial regulators'' means the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance
Corporation, the National Credit Union Administration Board,
the Comptroller of the Currency, the Commodity Futures
Trading Commission, the Securities and Exchange Commission,
and the Commissioner of the Internal Revenue Service.
(3) State bank supervisors.--The term ``State bank
supervisors'' has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
TITLE LXII--FOREIGN SERVICE FAMILIES ACT OF 2021
Sec. 6201. Short title.
Sec. 6202. Telecommuting opportunities.
Sec. 6203. Employment and education programs for eligible family
members of members of the Foreign Service.
Sec. 6204. Briefing on Foreign Service family reserve corps.
Sec. 6205. Treatment of family members seeking positions customarily
filled by Foreign Service officers or foreign national
employees.
Sec. 6206. In-State tuition rates for members of qualifying Federal
service.
Sec. 6207. Termination of residential or motor vehicle leases and
telephone service contracts for certain members of the
Foreign Service.
SECTION 6201. SHORT TITLE.
This title may be cited as the ``Foreign Service Families
Act of 2021''.
SEC. 6202. TELECOMMUTING OPPORTUNITIES.
(a) DETO Policy.--
(1) In general.--Each Federal department and agency shall
establish a policy enumerating the circumstances under which
employees may be permitted to temporarily perform work
requirements and duties from approved overseas locations
where there is a related Foreign Service assignment pursuant
to an approved Domestically Employed Teleworking Overseas
(DETO) agreement, consistent with the requirements under
section 6502 of title 5, United States code (relating to the
executive agencies telework requirements), as amended by
paragraph (2), and DETO requirements, as set forth in the
Foreign Affairs Manual and Foreign Affairs Handbook of the
Department of State.
(2) Amendment.--Section 6502(b) of title 5, United States
Code, is amended--
(A) in paragraph (4)(B), by striking ``and'' after the
semicolon;
(B) in paragraph 5, by striking the period at the end and
inserting ``; and'' ; and
(C) by adding at the end the following new paragraph:
``(6) enumerate the circumstances under which employees may
be permitted to temporarily perform work requirements and
duties from approved overseas locations, provided that,
except in emergency situations as determined by the head of
the agency, such circumstances shall not include a situation
in which an employee's official duties require on at least a
monthly basis the direct handling of secure materials
determined to be inappropriate for telework by the agency
head.''.
(b) Access to ICASS System.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise chapter 900 of volume 6 of the Foreign Affairs
Manual, the International Cooperative Administrative Support
Services Handbook, the Personnel Operations Handbook, and any
other relevant regulations to allow each Federal agency that
has enacted a policy under subsection (a) to have access to
the International Cooperative Administrative Support Services
(ICASS) system.
SEC. 6203. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE
FAMILY MEMBERS OF MEMBERS OF THE FOREIGN
SERVICE.
Section 706(b) of the Foreign Service Act of 1980 (22
U.S.C. 4026(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary may facilitate the
employment of spouses of members of the
[[Page H7200]]
Foreign Service by--'' and inserting ``The Secretary shall
implement such measures as the Secretary considers necessary
to facilitate the employment of spouses and members of the
Service. The measures may include--'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by amending subparagraph (C) to read as follows:
``(C) establishing a program for assisting eligible family
members in accessing employment and education opportunities,
as appropriate, including by exercising the authorities, in
relevant part, under sections 1784 and 1784a of title 10,
United States Code, and subject to such regulations as the
Secretary may prescribe modeled after those prescribed
pursuant to subsection (b) of such section 1784;'';
(2) by redesignating paragraph (2) as paragraph (6);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary may prescribe regulations--
``(A) to provide preference to eligible family members in
hiring for any civilian position in the Department,
notwithstanding the prohibition on marital discrimination
found in 5 U.S.C. 2302(b)(1)(E), if --
``(i) the eligible family member is among persons
determined to be best qualified for the position; and
``(ii) the position is located in the overseas country of
assignment of their sponsoring employee;
``(B) to ensure that notice of any vacant position in the
Department is provided in a manner reasonably designed to
reach eligible family members of sponsoring employees whose
permanent duty stations are in the same country as that in
which the position is located; and
``(C) to ensure that an eligible family member who applies
for a vacant position in the Department shall, to the extent
practicable, be considered for any such position located in
the same country as the permanent duty station of their
sponsoring employee.
``(3) Nothing in this section may be construed to provide
an eligible family member with entitlement or preference in
hiring over an individual who is preference eligible.
``(4) Under regulations prescribed by the Secretary, a
chief of mission may, consistent with all applicable laws and
regulations pertaining to the ICASS system, make available to
an eligible family member and a non-Department entity space
in an embassy or consulate for the purpose of the non-
Department entity providing employment-related training for
eligible family members.
``(5) The Secretary may work with the Director of the
Office of Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of
eligible family member employment.''; and
(4) by adding after paragraph (6), as redesignated by
paragraph (2) of this subsection, the following new
paragraph:
``(7) In this subsection, the term `eligible family member'
refers to family members of government employees assigned
abroad or hired for service at their post of residence who
are appointed by the Secretary of State or the Administrator
of the United States Agency for International Development
pursuant to sections 102, 202, 303, and 311.''.
SEC. 6204. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall brief
the appropriate congressional committees on the status of
implementation of the Foreign Service Family Reserve Corps.
(b) Elements.--The briefing required under subsection (a)
shall include the following elements:
(1) A description of the status of implementation of the
Foreign Service Family Reserve Corps (FSFRC).
(2) An assessment of the extent to which implementation was
impacted by the Department's hiring freeze and a detailed
explanation of the effect of any such impacts.
(3) A description of the status of implementation of a
hiring preference for the FSFRC.
(4) A detailed accounting of any individuals eligible for
membership in the FSFRC who were unable to begin working at a
new location as a result of being unable to transfer their
security clearance, including an assessment of whether they
would have been able to port their clearance as a member of
the FSFRC if the program had been fully implemented.
(5) An estimate of the number of individuals who are
eligible to join the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals would
enroll.
(6) An estimate of the number of individuals who are
enrolled in the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals enrolled.
(7) An estimate of the number of individuals who were
enrolled in each phase of the implementation of the FSFRC as
detailed in guidance issued by the Under Secretary for
Management.
(8) An estimate of the number of individuals enrolled in
the FSFRC who have successfully transferred a security
clearance to a new post since implementation of the program
began.
(9) An estimate of the number of individuals enrolled in
the FSFRC who have been unable to successfully transfer a
security clearance to a new post since implementation of the
program began.
(10) An estimate of the number of individuals who have
declined in writing to apply to the FSFRC.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6205. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS
CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS
OR FOREIGN NATIONAL EMPLOYEES.
Section 311 of the Foreign Service Act of 1980 (22 U.S.C.
3951) is amended by adding at the end the following:
``(e) The Secretary shall hold a family member of a
government employee described in subsection (a) seeking
employment in a position described in that subsection to the
same employment standards as those applicable to Foreign
Service officers, Foreign Service personnel, or foreign
national employees seeking the same or a substantially
similar position.''.
SEC. 6206. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING
FEDERAL SERVICE.
(a) In General.--Section 135 of the Higher Education Act of
1965 (20 U.S.C. 1015d) is amended--
(1) in the section heading, by striking ``the armed forces
on active duty, spouses, and dependent children'' and
inserting ``qualifying federal service'';
(2) in subsection (a), by striking ``member of the armed
forces who is on active duty for a period of more than 30
days and'' and inserting ``member of a qualifying Federal
service'';
(3) in subsection (b), by striking ``member of the armed
forces'' and inserting ``member of a qualifying Federal
service''; and
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section, the term `member of a
qualifying Federal service' means--
``(1) a member of the armed forces (as defined in section
101 of title 10, United States Code) who is on active duty
for a period of more than 30 days (as defined in section 101
of title 10, United States Code); or
``(2) a member of the Foreign Service (as defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903)) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect at each public institution of higher
education in a State that receives assistance under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the
first period of enrollment at such institution that begins
after July 1, 2024.
SEC. 6207. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES
AND TELEPHONE SERVICE CONTRACTS FOR CERTAIN
MEMBERS OF THE FOREIGN SERVICE.
(a) In General.--Chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by
adding at the end the following new section:
``SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE
LEASES AND TELEPHONE SERVICE CONTRACTS.
``The terms governing the termination of residential or
motor vehicle leases and telephone service contracts
described in sections 305 and 305A, respectively, of the
Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956)
with respect to servicemembers who receive military orders
described in such Act shall apply in the same manner and to
the same extent to members of the Service who are posted
abroad at a Foreign Service post in accordance with this
Act.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting
after the item relating to section 906 the following new
item:
``Sec. 907. Termination of residential or motor vehicle leases and
telephone service contracts.''.
TITLE LXIII--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
Sec. 6301. Short title.
Sec. 6302. Clarifying amendments to definitions.
Sec. 6303. Barry Goldwater Scholarship and Excellence in Education
Awards.
Sec. 6304. Stipends.
Sec. 6305. Scholarship and research internship conditions.
Sec. 6306. Sustainable investments of funds.
Sec. 6307. Administrative provisions.
SEC. 6301. SHORT TITLE.
This title may be cited as the ``Barry Goldwater
Scholarship and Excellence in Education Modernization Act of
2021''.
SEC. 6302. CLARIFYING AMENDMENTS TO DEFINITIONS.
Section 1403 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4702) is amended--
(1) by striking paragraph (5) and inserting the following
new paragraph (5):
``(5) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, the
Republic of Palau, and any other territory or possession of
the United States.''; and
(2) by striking paragraph (6), by inserting the following
new paragraph (6):
``(6) The term `eligible person' means--
``(A) a permanent resident alien of the United States;
``(B) a citizen or national of the United States;
[[Page H7201]]
``(C) a citizen of the Republic of the Marshall Islands,
the Federal States of Micronesia, or the Republic of Palau;
or
``(D) any person who may be admitted to lawfully engage in
occupations and establish residence as a nonimmigrant in the
United States as permitted under the Compact of Free
Association agreements with the Republic of the Marshall
Islands, the Federal States of Micronesia, or the Republic of
Palau.''.
SEC. 6303. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN
EDUCATION AWARDS.
(a) Award of Scholarships, Fellowships, and Research
Internships.--Section 1405(a) of the Barry Goldwater
Scholarship and Excellence in Education Act (20 U.S.C.
4704(a)) is amended--
(1) in the subsection heading, by striking ``Award of
Scholarships and Fellowships'' and inserting ``Award of
Scholarships, Fellowships, and Research Internships'';
(2) in paragraph (1)--
(A) by striking ``scholarships and fellowships'' and
inserting ``scholarships, fellowships, and research
internships''; and
(B) by striking ``science and mathematics'' and inserting
``the natural sciences, engineering, and mathematics'';
(3) in paragraph (2), by striking ``mathematics and the
natural sciences'' and inserting ``the natural sciences,
engineering, and mathematics, which shall be prioritized for
students attending community colleges and minority-serving
institutions specified in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a))'';
(4) in paragraph (3), by striking ``mathematics and the
natural sciences'' and inserting ``the natural sciences,
engineering, and mathematics'';
(5) by redesignating paragraph (4) as paragraph (5);
(6) in paragraph (5), as so redesignated, by striking
``scholarships and fellowships'' and inserting
``scholarships, fellowships, and research internships''; and
(7) by inserting after paragraph (3) the following:
``(4) Research internships shall be awarded to outstanding
undergraduate students who intend to pursue careers in the
natural sciences, engineering, and mathematics, which shall
be prioritized for students attending community colleges and
minority-serving institutions specified in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).''.
(b) Barry Goldwater Scholars and Research Interns.--Section
1405(b) of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4704(b)) is amended--
(1) in the subsection heading, by adding ``and Research
Interns'' after ``Scholars''; and
(2) by adding at the end the following new sentence:
``Recipients of research internships under this title shall
be known as `Barry Goldwater Interns'.''.
SEC. 6304. STIPENDS.
Section 1406 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4705) is amended by
adding at the end the following: ``Each person awarded a
research internship under this title shall receive a stipend
as may be prescribed by the Board, which shall not exceed the
maximum stipend amount awarded for a scholarship or
fellowship.''.
SEC. 6305. SCHOLARSHIP AND RESEARCH INTERNSHIP CONDITIONS.
Section 1407 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4706) is amended--
(1) in the section heading, by inserting ``and research
internship'' after ``scholarship'';
(2) in subsection (a)--
(A) by striking the subsection heading and inserting
``Scholarship Conditions''; and
(B) by striking ``and devoting full time to study or
research and is not engaging in gainful employment other than
employment approved by the Foundation'';
(3) in subsection (b), by striking the subsection heading
and inserting ``Reports on Scholarships''; and
(4) by adding at the end the following:
``(c) Research Internship Conditions.--A person awarded a
research internship under this title may receive payments
authorized under this title only during such periods as the
Foundation finds that the person is maintaining satisfactory
proficiency pursuant to regulations of the Board.
``(d) Reports on Research Internships.--The Foundation may
require reports containing such information in such form and
to be filed at such times as the Foundation determines to be
necessary from any person awarded a research internship under
this title. Such reports may be accompanied by a certificate
from an appropriate official at the institution of higher
education or internship employer, approved by the Foundation,
stating that such person is maintaining satisfactory progress
in the internship.''.
SEC. 6306. SUSTAINABLE INVESTMENTS OF FUNDS.
Section 1408 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4707) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Investment in Securities.--Notwithstanding subsection
(b), the Secretary of the Treasury may invest any public or
private funds received by the Foundation after the date of
enactment of the Barry Goldwater Scholarship and Excellence
in Education Modernization Act of 2021 in securities other
than or in addition to public debt securities of the United
States, if--
``(1) the Secretary receives a determination from the Board
that such investments are necessary to enable the Foundation
to carry out the purposes of this title; and
``(2) the securities in which such funds are invested are
traded in established United States markets.
``(d) Construction.--Nothing in this section shall be
construed to limit the authority of the Board to increase the
number of scholarships provided under section 4704, or to
increase the amount of the stipend authorized by section
4705, as the Board considers appropriate and is otherwise
consistent with the requirements of this title.''.
SEC. 6307. ADMINISTRATIVE PROVISIONS.
Section 1411(a) of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4710(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) appoint and fix the rates of basic pay of not more
than three employees (in addition to the Executive Secretary
appointed under section 4709) to carry out the provisions of
this title, without regard to the provisions in chapter 33 of
title 5, United States Code, governing appointment in the
competitive service or the provisions of chapter 51 and
subchapter III of chapter 53 of such title, except that--
``(A) a rate of basic pay set under this paragraph may not
exceed the maximum rate provided for employees in grade GS-15
of the General Schedule under section 5332 of title 5, United
States Code; and
``(B) the employee shall be entitled to the applicable
locality-based comparability payment under section 5304 of
title 5, United States Code, subject to the applicable
limitation established under subsection (g) of such
section;'';
(2) in paragraph (2), by striking ``grade GS-18 under
section 5332 of such title'' and inserting ``level IV of the
Executive Schedule'';
(3) in paragraph (7), by striking ``and'' at the end;
(4) by redesignating paragraph (8) as paragraph (10); and
(5) by inserting after paragraph (7) the following:
``(8) expend not more than 5 percent of the Foundation's
annual operating budget on programs that, in addition to or
in conjunction with the Foundation's scholarship financial
awards, support the development of Goldwater Scholars
throughout their professional careers;
``(9) expend not more than 5 percent of the Foundation's
annual operating budget to pay the costs associated with
fundraising activities, including public and private
gatherings; and''.
TITLE LXIV--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
Sec. 6401. Employee engagement steering committee and action plan.
Sec. 6402. Annual employee award program.
Sec. 6403. Chief Human Capital Officer responsibilities.
Sec. 6404. Independent investigation and implementation plan.
Sec. 6405. Authorization of the acquisition professional career
program.
Sec. 6406. National urban security technology laboratory.
Sec. 6407. Department of Homeland Security Blue Campaign enhancement.
Sec. 6408. Medical countermeasures program.
Sec. 6409. Critical domain research and development.
Sec. 6410. CBP Donations Acceptance Program Reauthorization.
Subtitle B--Transportation Security
Sec. 6411. Survey of the Transportation Security Administration
workforce regarding COVID-19 response.
Sec. 6412. Transportation Security Preparedness Plan.
Sec. 6413. Authorization of Transportation Security Administration
personnel details.
Sec. 6414. Transportation Security Administration preparedness.
Sec. 6415. Plan to reduce the spread of coronavirus at passenger
screening checkpoints.
Sec. 6416. Comptroller General review of Department of Homeland
Security trusted traveler programs.
Sec. 6417. Enrollment redress with respect to Department of Homeland
Security trusted traveler programs.
Sec. 6418. Threat information sharing.
Sec. 6419. Local law enforcement security training.
Sec. 6420. Allowable uses of funds for public transportation security
assistance grants.
Sec. 6421. Periods of performance for public transportation security
assistance grants.
Sec. 6422. GAO review of public transportation security assistance
grant program.
Sec. 6423. Sensitive security information; aviation security.
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
SEC. 6401. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION
PLAN.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end
the following new section:
``SEC. 711. EMPLOYEE ENGAGEMENT.
``(a) Steering Committee.--Not later than 120 days after
the date of the enactment of this section, the Secretary
shall establish an employee engagement steering committee,
including representatives from operational components,
headquarters, and field personnel, including supervisory and
nonsupervisory personnel, and employee labor organizations
that represent Department employees, and chaired by the Under
Secretary for Management, to carry out the following
activities:
[[Page H7202]]
``(1) Identify factors that have a negative impact on
employee engagement, morale, and communications within the
Department, such as perceptions about limitations on career
progression, mobility, or development opportunities,
collected through employee feedback platforms, including
through annual employee surveys, questionnaires, and other
communications, as appropriate.
``(2) Identify, develop, and distribute initiatives and
best practices to improve employee engagement, morale, and
communications within the Department, including through
annual employee surveys, questionnaires, and other
communications, as appropriate.
``(3) Monitor efforts of each component to address employee
engagement, morale, and communications based on employee
feedback provided through annual employee surveys,
questionnaires, and other communications, as appropriate.
``(4) Advise the Secretary on efforts to improve employee
engagement, morale, and communications within specific
components and across the Department.
``(5) Conduct regular meetings and report, not less than
once per quarter, to the Under Secretary for Management, the
head of each component, and the Secretary on Departmentwide
efforts to improve employee engagement, morale, and
communications.
``(b) Action Plan; Reporting.--The Secretary, acting
through the Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the employee engagement steering committee
under subsection (a), issue a Departmentwide employee
engagement action plan, reflecting input from the steering
committee and employee feedback provided through annual
employee surveys, questionnaires, and other communications in
accordance with paragraph (1) of such subsection, to execute
strategies to improve employee engagement, morale, and
communications within the Department; and
``(2) require the head of each component to--
``(A) develop and implement a component-specific employee
engagement plan to advance the action plan required under
paragraph (1) that includes performance measures and
objectives, is informed by employee feedback provided through
annual employee surveys, questionnaires, and other
communications, as appropriate, and sets forth how employees
and, where applicable, their labor representatives are to be
integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such action
plan; and
``(C) provide to the Chief Human Capital Officer and the
steering committee quarterly reports on actions planned and
progress made under this paragraph.
``(c) Termination.--This section shall terminate on the
date that is five years after the date of the enactment of
this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 710 the
following new item:
``Sec. 711. Employee engagement.''.
(c) Submissions to Congress.--
(1) Department-wide employee engagement action plan.--The
Secretary of Homeland Security, acting through the Chief
Human Capital Officer of the Department of Homeland Security,
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
Department-wide employee engagement action plan required
under subsection (b)(1) of section 711 of the Homeland
Security Act of 2002 (as added by subsection (a) of this
section) not later than 30 days after the issuance of such
plan under such subsection (b)(1).
(2) Component-specific employee engagement plans.--Each
head of a component of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
component-specific employee engagement plan of each such
component required under subsection (b)(2) of section 711 of
the Homeland Security Act of 2002 not later than 30 days
after the issuance of each such plan under such subsection
(b)(2).
SEC. 6402. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 6401 of
this Act, is further amended by adding at the end the
following new section:
``SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.
``(a) In General.--The Secretary may establish an annual
employee award program to recognize Department employees or
groups of employees for significant contributions to the
achievement of the Department's goals and missions. If such a
program is established, the Secretary shall--
``(1) establish within such program categories of awards,
each with specific criteria, that emphasize honoring
employees who are at the nonsupervisory level;
``(2) publicize within the Department how any employee or
group of employees may be nominated for an award;
``(3) establish an internal review board comprised of
representatives from Department components, headquarters, and
field personnel to submit to the Secretary award
recommendations regarding specific employees or groups of
employees;
``(4) select recipients from the pool of nominees submitted
by the internal review board under paragraph (3) and convene
a ceremony at which employees or groups of employees receive
such awards from the Secretary; and
``(5) publicize such program within the Department.
``(b) Internal Review Board.--The internal review board
described in subsection (a)(3) shall, when carrying out its
function under such subsection, consult with representatives
from operational components and headquarters, including
supervisory and nonsupervisory personnel, and employee labor
organizations that represent Department employees.
``(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to carry out the
requirements of this section or to require the Secretary to
provide monetary bonuses to recipients of an award under this
section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 6401 of this Act, is further amended by inserting
after the item relating to section 711 the following new
item:
``Sec. 712. Annual employee award program.''.
SEC. 6403. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C.
344) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with respect to leader
development and employee engagement,'' after ``policies'';
(ii) by striking ``and in line'' and inserting ``, in
line''; and
(iii) by inserting ``and informed by best practices within
the Federal Government and the private sector,'' after
``priorities,'';
(B) in paragraph (2), by striking ``develop performance
measures to provide a basis for monitoring and evaluating''
and inserting ``use performance measures to evaluate, on an
ongoing basis,'';
(C) in paragraph (3), by inserting ``that, to the extent
practicable, are informed by employee feedback'' after
``policies'';
(D) in paragraph (4), by inserting ``including leader
development and employee engagement programs,'' before ``in
coordination'';
(E) in paragraph (5), by inserting before the semicolon at
the end the following: ``that is informed by an assessment,
carried out by the Chief Human Capital Officer, of the
learning and developmental needs of employees in supervisory
and nonsupervisory roles across the Department and
appropriate workforce planning initiatives'';
(F) by redesignating paragraphs (9) and (10) as paragraphs
(13) and (14), respectively; and
(G) by inserting after paragraph (8) the following new
paragraphs:
``(9) maintain a catalogue of available employee
development opportunities, including the Homeland Security
Rotation Program pursuant to section 844, departmental
leadership development programs, interagency development
programs, and other rotational programs;
``(10) ensure that employee discipline and adverse action
programs comply with the requirements of all pertinent laws,
rules, regulations, and Federal guidance, and ensure due
process for employees;
``(11) analyze each Department or Government-wide Federal
workforce satisfaction or morale survey not later than 90
days after the date of the publication of each such survey
and submit to the Secretary such analysis, including, as
appropriate, recommendations to improve workforce
satisfaction or morale within the Department;
``(12) review and approve all component employee engagement
action plans to ensure such plans include initiatives
responsive to the root cause of employee engagement
challenges, as well as outcome-based performance measures and
targets to track the progress of such initiatives;'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Chief Learning and Engagement Officer.--The Chief
Human Capital Officer may designate an employee of the
Department to serve as a Chief Learning and Engagement
Officer to assist the Chief Human Capital Officer in carrying
out this section.''; and
(4) in subsection (e), as so redesignated--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) information on employee development opportunities
catalogued pursuant to paragraph (9) of subsection (b) and
any available data on participation rates, attrition rates,
and impacts on retention and employee satisfaction;
``(3) information on the progress of Departmentwide
strategic workforce planning efforts as determined under
paragraph (2) of subsection (b);
``(4) information on the activities of the steering
committee established pursuant to section 711(a), including
the number of meetings, types of materials developed and
distributed, and recommendations made to the Secretary;''.
SEC. 6404. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall investigate whether the application in
the Department of Homeland Security of discipline and adverse
actions for managers and non-managers are administered in an
equitable and consistent manner that results in the same or
substantially similar disciplinary outcomes across the
Department that are appropriately calibrated to address the
identified misconduct, taking into account relevant
aggravating and mitigating factors.
(b) Consultation.--In carrying out the investigation
described in subsection (a), the Comptroller General of the
United States shall consult
[[Page H7203]]
with the Under Secretary for Management of the Department of
Homeland Security and the employee engagement steering
committee established pursuant to subsection (b)(1) of
section 711 of the Homeland Security Act of 2002 (as added by
section 6401(a) of this Act).
(c) Action by Under Secretary for Management.--Upon
completion of the investigation described in subsection (a),
the Under Secretary for Management of the Department of
Homeland Security shall review the findings and
recommendations of such investigation and implement a plan,
in consultation with the employee engagement steering
committee established pursuant to subsection (b)(1) of
section 711 of the Homeland Security Act of 2002, to correct
any relevant deficiencies identified by the Comptroller
General of the United States in such investigation. The Under
Secretary for Management shall direct the employee engagement
steering committee to review such plan to inform committee
activities and action plans authorized under such section
711.
SEC. 6405. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL
CAREER PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by sections 6401 and
6402 of this Act, is further amended by adding at the end the
following new section:
``SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM.
``(a) Establishment.--There is established in the
Department an acquisition professional career program to
develop a cadre of acquisition professionals within the
Department.
``(b) Administration.--The Under Secretary for Management
shall administer the acquisition professional career program
established pursuant to subsection (a).
``(c) Program Requirements.--The Under Secretary for
Management shall carry out the following with respect to the
acquisition professional career program.
``(1) Designate the occupational series, grades, and number
of acquisition positions throughout the Department to be
included in the program and manage centrally such positions.
``(2) Establish and publish on the Department's website
eligibility criteria for candidates to participate in the
program.
``(3) Carry out recruitment efforts to attract candidates--
``(A) from institutions of higher education, including such
institutions with established acquisition specialties and
courses of study, historically Black colleges and
universities, and Hispanic-serving institutions;
``(B) with diverse work experience outside of the Federal
Government; or
``(C) with military service.
``(4) Hire eligible candidates for designated positions
under the program.
``(5) Develop a structured program comprised of acquisition
training, on-the-job experience, Department-wide rotations,
mentorship, shadowing, and other career development
opportunities for program participants.
``(6) Provide, beyond required training established for
program participants, additional specialized acquisition
training, including small business contracting and innovative
acquisition techniques training.
``(d) Reports.--Not later than one year after the date of
the enactment of this section, and annually thereafter
through 2027, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on the acquisition professional career
program. Each such report shall include the following
information:
``(1) The number of candidates approved for the program.
``(2) The number of candidates who commenced participation
in the program, including generalized information on such
candidates' backgrounds with respect to education and prior
work experience, but not including personally identifiable
information.
``(3) A breakdown of the number of participants hired under
the program by type of acquisition position.
``(4) A list of Department components and offices that
participated in the program and information regarding length
of time of each program participant in each rotation at such
components or offices.
``(5) Program attrition rates and post-program graduation
retention data, including information on how such data
compare to the prior year's data, as available.
``(6) The Department's recruiting efforts for the program.
``(7) The Department's efforts to promote retention of
program participants.
``(e) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given such term in
section 502 of the Higher Education Act of 1965 (20 U.S.C.
1101a).
``(2) Historically black colleges and universities.--The
term `historically Black colleges and universities' has the
meaning given the term `part B institution' in section 322(2)
of Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(3) Institution of higher education.--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).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
sections 6401 and 6402 of this Act, is further amended by
inserting after the item relating to section 712 the
following new item:
``Sec. 713. Acquisition professional career program.''.
SEC. 6406. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end
the following new section:
``SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the
laboratory described in subsection (b) as an additional
laboratory pursuant to the authority under section 308(c)(2)
of this Act. Such laboratory shall be used to test and
evaluate emerging technologies and conduct research and
development to assist emergency response providers in
preparing for, and protecting against, threats of terrorism.
``(b) Laboratory Described.--The laboratory described in
this subsection is the laboratory--
``(1) known, as of the date of the enactment of this
section, as the National Urban Security Technology
Laboratory; and
``(2) transferred to the Department pursuant to section
303(1)(E) of this Act.
``(c) Laboratory Activities.--The National Urban Security
Technology Laboratory shall--
``(1) conduct tests, evaluations, and assessments of
current and emerging technologies, including, as appropriate,
the cybersecurity of such technologies that can connect to
the internet, for emergency response providers;
``(2) act as a technical advisor to emergency response
providers; and
``(3) carry out other such activities as the Secretary
determines appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass
Destruction Office of the Department.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is further amended
by inserting after the item relating to section 321 the
following new item:
``Sec. 322. National Urban Security Technology Laboratory.''.
SEC. 6407. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN
ENHANCEMENT.
Section 434 of the Homeland Security Act of 2002 (6 U.S.C.
242) is amended--
(1) in subsection (e)(6), by striking ``utilizing
resources,'' and inserting ``developing and utilizing, in
consultation with the Blue Campaign Advisory Board
established pursuant to subsection (g), resources''; and
(2) by adding at the end the following new subsections:
``(f) Web-based Training Programs.--To enhance training
opportunities, the Director of the Blue Campaign shall
develop web-based interactive training videos that utilize a
learning management system to provide online training
opportunities. During the 10-year period beginning on the
date that is 90 days after the date of the enactment of this
subsection such training opportunities shall be made
available to the following individuals:
``(1) Federal, State, local, Tribal, and territorial law
enforcement officers.
``(2) Non-Federal correction system personnel.
``(3) Such other individuals as the Director determines
appropriate.
``(g) Blue Campaign Advisory Board.--
``(1) In general.--There is established in the Department a
Blue Campaign Advisory Board, which shall be comprised of
representatives assigned by the Secretary from--
``(A) the Office for Civil Rights and Civil Liberties of
the Department;
``(B) the Privacy Office of the Department; and
``(C) not fewer than four other separate components or
offices of the Department.
``(2) Charter.--The Secretary is authorized to issue a
charter for the Blue Campaign Advisory Board, and such
charter shall specify the following:
``(A) The Board's mission, goals, and scope of its
activities.
``(B) The duties of the Board's representatives.
``(C) The frequency of the Board's meetings.
``(3) Consultation.--The Director shall consult the Blue
Campaign Advisory Board and, as appropriate, experts from
other components and offices of the Center for Countering
Human Trafficking of the Department regarding the following:
``(A) Recruitment tactics used by human traffickers to
inform the development of training and materials by the Blue
Campaign.
``(B) The development of effective awareness tools for
distribution to Federal and non-Federal officials to identify
and prevent instances of human trafficking.
``(C) Identification of additional persons or entities that
may be uniquely positioned to recognize signs of human
trafficking and the development of materials for such
persons.
``(h) Consultation.--With regard to the development of
programs under the Blue Campaign and the implementation of
such programs, the Director is authorized to consult with
State, local, Tribal, and territorial agencies, non-
governmental organizations, private sector organizations, and
experts.''.
SEC. 6408. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Subtitle C of title XIX of the Homeland
Security Act of 2002 (6 U.S.C. 597) is amended by adding at
the end the following new section:
``SEC. 1932. MEDICAL COUNTERMEASURES.
``(a) In General.--Subject to the availability of
appropriations, the Secretary shall, as appropriate,
establish a medical countermeasures program within the
components of the Department to--
[[Page H7204]]
``(1) facilitate personnel readiness and protection for the
employees and working animals of the Department in the event
of a chemical, biological, radiological, nuclear, or
explosives attack, naturally occurring disease outbreak,
other event impacting health, or pandemic; and
``(2) support the mission continuity of the Department.
``(b) Oversight.--The Secretary, acting through the Chief
Medical Officer of the Department, shall--
``(1) provide programmatic oversight of the medical
countermeasures program established under subsection (a); and
``(2) develop standards for--
``(A) medical countermeasure storage, security, dispensing,
and documentation;
``(B) maintaining a stockpile of medical countermeasures,
including antibiotics, antivirals, antidotes, therapeutics,
and radiological countermeasures, as appropriate;
``(C) ensuring adequate partnerships with manufacturers and
executive agencies that enable advance prepositioning by
vendors of inventories of appropriate medical countermeasures
in strategic locations nationwide, based on risk and employee
density, in accordance with applicable Federal statutes and
regulations;
``(D) providing oversight and guidance regarding the
dispensing of stockpiled medical countermeasures;
``(E) ensuring rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, other event impacting health, or pandemic;
``(F) providing training to employees of the Department on
medical countermeasures; and
``(G) supporting dispensing exercises.
``(c) Medical Countermeasures Working Group.--The
Secretary, acting through the Chief Medical Officer of the
Department, shall establish a medical countermeasures working
group comprised of representatives from appropriate
components and offices of the Department to ensure that
medical countermeasures standards are maintained and guidance
is consistent.
``(d) Medical Countermeasures Management.--Not later than
120 days after the date on which appropriations are made
available to carry out subsection (a), the Chief Medical
Officer shall develop and submit to the Secretary an
integrated logistics support plan for medical
countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Transfer.--Not later than 120 days after the date of
enactment of this section, the Secretary shall transfer all
medical countermeasures-related programmatic and personnel
resources from the Under Secretary for Management to the
Chief Medical Officer.
``(f) Stockpile Elements.--In determining the types and
quantities of medical countermeasures to stockpile under
subsection (d), the Secretary, acting through the Chief
Medical Officer of the Department--
``(1) shall use a risk-based methodology for evaluating
types and quantities of medical countermeasures required; and
``(2) may use, if available--
``(A) chemical, biological, radiological, and nuclear risk
assessments of the Department; and
``(B) guidance on medical countermeasures of the Office of
the Assistant Secretary for Preparedness and Response and the
Centers for Disease Control and Prevention.
``(g) Briefing.--Not later than 180 days after the date of
enactment of this section, the Secretary shall provide a
briefing to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives regarding--
``(1) the plan developed under subsection (d); and
``(2) implementation of the requirements of this section.
``(h) Definition.--In this section, the term `medical
countermeasures' means antibiotics, antivirals, antidotes,
therapeutics, radiological countermeasures, and other
countermeasures that may be deployed to protect the employees
and working animals of the Department in the event of a
chemical, biological, radiological, nuclear, or explosives
attack, naturally occurring disease outbreak, other event
impacting health, or pandemic.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is further amended
by inserting after the item relating to section 1931 the
following new item:
``Sec. 1932. Medical countermeasures.''.
SEC. 6409. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following new section:
``SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is
authorized to conduct research and development to--
``(A) identify United States critical domains for economic
security and homeland security; and
``(B) evaluate the extent to which disruption, corruption,
exploitation, or dysfunction of any of such domain poses a
substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The research
under paragraph (1) shall include a risk analysis of each
identified United States critical domain for economic
security to determine the degree to which there exists a
present or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such
domain. Such research shall consider, to the extent possible,
the following:
``(i) The vulnerability and resilience of relevant supply
chains.
``(ii) Foreign production, processing, and manufacturing
methods.
``(iii) Influence of malign economic actors.
``(iv) Asset ownership.
``(v) Relationships within the supply chains of such
domains.
``(vi) The degree to which the conditions referred to in
clauses (i) through (v) would place such a domain at risk of
disruption, corruption, exploitation, or dysfunction.
``(B) Additional research into high-risk critical
domains.--Based on the identification and risk analysis of
United States critical domains for economic security pursuant
to paragraph (1) and subparagraph (A) of this paragraph,
respectively, the Secretary may conduct additional research
into those critical domains, or specific elements thereof,
with respect to which there exists the highest degree of a
present or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such
a domain. For each such high-risk domain, or element thereof,
such research shall--
``(i) describe the underlying infrastructure and processes;
``(ii) analyze present and projected performance of
industries that comprise or support such domain;
``(iii) examine the extent to which the supply chain of a
product or service necessary to such domain is concentrated,
either through a small number of sources, or if multiple
sources are concentrated in one geographic area;
``(iv) examine the extent to which the demand for supplies
of goods and services of such industries can be fulfilled by
present and projected performance of other industries,
identify strategies, plans, and potential barriers to expand
the supplier industrial base, and identify the barriers to
the participation of such other industries;
``(v) consider each such domain's performance capacities in
stable economic environments, adversarial supply conditions,
and under crisis economic constraints;
``(vi) identify and define needs and requirements to
establish supply resiliency within each such domain; and
``(vii) consider the effects of sector consolidation,
including foreign consolidation, either through mergers or
acquisitions, or due to recent geographic realignment, on
such industries' performances.
``(3) Consultation.--In conducting the research under
paragraph (1) and subparagraph (B) of paragraph (2), the
Secretary may consult with appropriate Federal agencies,
State agencies, and private sector stakeholders.
``(4) Publication.--Beginning one year after the date of
the enactment of this section, the Secretary shall publish a
report containing information relating to the research under
paragraph (1) and subparagraph (B) of paragraph (2),
including findings, evidence, analysis, and recommendations.
Such report shall be updated annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after
the publication of each report required under paragraph (4)
of subsection (a), the Secretary shall transmit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate each such report, together
with a description of actions the Secretary, in consultation
with appropriate Federal agencies, will undertake or has
undertaken in response to each such report.
``(c) Definitions.--In this section:
``(1) United states critical domains for economic
security.--The term `United States critical domains for
economic security' means the critical infrastructure and
other associated industries, technologies, and intellectual
property, or any combination thereof, that are essential to
the economic security of the United States.
``(2) Economic security.--The term `economic security'
means the condition of having secure and resilient domestic
production capacity, combined with reliable access to the
global resources necessary to maintain an acceptable standard
of living and to protect core national values.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of fiscal years 2022
through 2026 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is further amended
by inserting after the item relating to section 890A the
following new item:
``Sec. 890B. Homeland security critical domain research and
development.''.
SEC. 6410. CBP DONATIONS ACCEPTANCE PROGRAM REAUTHORIZATION.
Section 482 of the Homeland Security Act of 2002 (6 U.S.C.
301a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``or -leased'' before
``land''; and
(ii) in subparagraph (C)--
(I) in the matter preceding clause (i), by inserting ``or -
leased'' before ``land'';
(II) in clause (i), by striking ``$50,000,000'' and
inserting ``$75,000,000''; and
(III) by amending clause (ii) to read as follows:
[[Page H7205]]
``(ii) the fair market value of donations with respect to
the land port of entry total $75,000,000 or less over the
preceding five years.''; and
(B) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or -leased'' before ``land'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Administrator of the General Services Administration'' and
inserting ``Administrator of General Services'';
(B) in paragraph (1)(C)--
(i) in clause (i), by striking ``$50,000,000'' and
inserting ``$75,000,000''; and
(ii) by amending clause (ii) to read as follows:
``(ii) the fair market value of donations with respect to
the land port of entry total $75,000,000 or less over the
preceding five years.''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by striking ``terminate'' and all
that follows through the period at the end and inserting
``terminate on December 31, 2026.''; and
(ii) in subparagraph (B), by striking ``carrying out the
terms of an agreement under this subsection if such agreement
is entered into before such termination date'' and inserting
``a proposal accepted for consideration by U.S. Customs and
Border Protection or the General Services Administration
pursuant to this section or a prior pilot program prior to
such termination date'';
(3) in subsection (c)(6)(B), by striking ``the donation
will not be used for the construction of a detention facility
or a border fence or wall.'' and inserting the following:
``(i) the donation will not be used for the construction of
a detention facility or a border fence or wall; and
``(ii) the donor will be notified in the Donations
Acceptance Agreement that the donor shall be financially
responsible for all costs and operating expenses related to
the operation, maintenance, and repair of the donated real
property until such time as U.S. Customs and Border
Protection provides the donor written notice otherwise.'';
(4) in subsection (d), in the matter preceding paragraph
(1), by striking ``annual'' and inserting ``biennial''; and
(5) in subsection (e), by striking ``Administrator of the
General Services Administration'' and inserting
``Administrator of General Services''.
Subtitle B--Transportation Security
SEC. 6411. SURVEY OF THE TRANSPORTATION SECURITY
ADMINISTRATION WORKFORCE REGARDING COVID-19
RESPONSE.
(a) Survey.--Not later than one year after the date of the
enactment of this Act, the Administrator of the
Transportation Security Administration (referred to in this
section as the ``Administrator''), in consultation with the
labor organization certified as the exclusive representative
of full- and part-time nonsupervisory Administration
personnel carrying out screening functions under section
44901 of title 49, United States Code, shall conduct a survey
of the Transportation Security Administration (referred to in
this section as the ``Administration'') workforce regarding
the Administration's response to the COVID-19 pandemic. Such
survey shall be conducted in a manner that allows for the
greatest practicable level of workforce participation.
(b) Contents.--In conducting the survey required under
subsection (a), the Administrator shall solicit feedback on
the following:
(1) The Administration's communication and collaboration
with the Administration's workforce regarding the
Administration's response to the COVID-19 pandemic and
efforts to mitigate and monitor transmission of COVID-19
among its workforce, including through--
(A) providing employees with personal protective equipment
and mandating its use;
(B) modifying screening procedures and Administration
operations to reduce transmission among officers and
passengers and ensuring compliance with such changes;
(C) adjusting policies regarding scheduling, leave, and
telework;
(D) outreach as a part of contact tracing when an employee
has tested positive for COVID-19; and
(E) encouraging COVID-19 vaccinations and efforts to assist
employees that seek to be vaccinated such as communicating
the availability of duty time for travel to vaccination sites
and recovery from vaccine side effects.
(2) Any other topic determined appropriate by the
Administrator.
(c) Report.--Not later than 30 days after completing the
survey required under subsection (a), the Administration
shall provide a report summarizing the results of the survey
to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 6412. TRANSPORTATION SECURITY PREPAREDNESS PLAN.
(a) Plan Required.--Section 114 of title 49, United States
Code, is amended by adding at the end the following new
subsection:
``(x) Transportation Security Preparedness Plan.--
``(1) In general.--Not later than two years after the date
of the enactment of this subsection, the Secretary of
Homeland Security, acting through the Administrator, in
coordination with the Chief Medical Officer of the Department
of Homeland Security, and in consultation with the partners
identified under paragraphs (3)(A)(i) through (3)(A)(iv),
shall develop a transportation security preparedness plan to
address the event of a communicable disease outbreak. The
Secretary, acting through the Administrator, shall ensure
such plan aligns with relevant Federal plans and strategies
for communicable disease outbreaks.
``(2) Considerations.--In developing the plan required
under paragraph (1), the Secretary, acting through the
Administrator, shall consider each of the following:
``(A) The findings of the survey required under section
6411 of the National Defense Authorization Act for Fiscal
Year 2022.
``(B) The findings of the analysis required under section
6414 of the National Defense Authorization Act for Fiscal
Year 2022.
``(C) The plan required under section 6415 of the National
Defense Authorization Act for Fiscal Year 2022.
``(D) All relevant reports and recommendations regarding
the Administration's response to the COVID-19 pandemic,
including any reports and recommendations issued by the
Comptroller General and the Inspector General of the
Department of Homeland Security.
``(E) Lessons learned from Federal interagency efforts
during the COVID-19 pandemic.
``(3) Contents of plan.--The plan developed under paragraph
(1) shall include each of the following:
``(A) Plans for communicating and collaborating in the
event of a communicable disease outbreak with the following
partners:
``(i) Appropriate Federal departments and agencies,
including the Department of Health and Human Services, the
Centers for Disease Control and Prevention, the Department of
Transportation, the Department of Labor, and appropriate
interagency task forces.
``(ii) The workforce of the Administration, including
through the labor organization certified as the exclusive
representative of full- and part-time non-supervisory
Administration personnel carrying out screening functions
under section 44901 of this title.
``(iii) International partners, including the International
Civil Aviation Organization and foreign governments,
airports, and air carriers.
``(iv) Public and private stakeholders, as such term is
defined under subsection (t)(1)(C).
``(v) The traveling public.
``(B) Plans for protecting the safety of the Transportation
Security Administration workforce, including--
``(i) reducing the risk of communicable disease
transmission at screening checkpoints and within the
Administration's workforce related to the Administration's
transportation security operations and mission;
``(ii) ensuring the safety and hygiene of screening
checkpoints and other workstations;
``(iii) supporting equitable and appropriate access to
relevant vaccines, prescriptions, and other medical care; and
``(iv) tracking rates of employee illness, recovery, and
death.
``(C) Criteria for determining the conditions that may
warrant the integration of additional actions in the aviation
screening system in response to the communicable disease
outbreak and a range of potential roles and responsibilities
that align with such conditions.
``(D) Contingency plans for temporarily adjusting
checkpoint operations to provide for passenger and employee
safety while maintaining security during the communicable
disease outbreak.
``(E) Provisions setting forth criteria for establishing an
interagency task force or other standing engagement platform
with other appropriate Federal departments and agencies,
including the Department of Health and Human Services and the
Department of Transportation, to address such communicable
disease outbreak.
``(F) A description of scenarios in which the Administrator
should consider exercising authorities provided under
subsection (g) and for what purposes.
``(G) Considerations for assessing the appropriateness of
issuing security directives and emergency amendments to
regulated parties in various modes of transportation,
including surface transportation, and plans for ensuring
compliance with such measures.
``(H) A description of any potential obstacles, including
funding constraints and limitations to authorities, that
could restrict the ability of the Administration to respond
appropriately to a communicable disease outbreak.
``(4) Dissemination.--Upon development of the plan required
under paragraph (1), the Administrator shall disseminate the
plan to the partners identified under paragraph (3)(A) and to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate.
``(5) Review of plan.--Not later than two years after the
date on which the plan is disseminated under paragraph (4),
and biennially thereafter, the Secretary, acting through the
Administrator and in coordination with the Chief Medical
Officer of the Department of Homeland Security, shall review
the plan and, after consultation with the partners identified
under paragraphs (3)(A)(i) through (3)(A)(iv), update the
plan as appropriate.''.
(b) Comptroller General Report.--Not later than one year
after the date on which the transportation security
preparedness plan required under subsection (x) of section
114 of title 49, United States Code, as added by subsection
(a), is disseminated under paragraph (4) of such subsection
(x), the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results
of a study assessing the transportation security preparedness
plan, including an analysis of--
(1) whether such plan aligns with relevant Federal plans
and strategies for communicable disease outbreaks; and
(2) the extent to which the Transportation Security
Administration is prepared to implement the plan.
[[Page H7206]]
SEC. 6413. AUTHORIZATION OF TRANSPORTATION SECURITY
ADMINISTRATION PERSONNEL DETAILS.
(a) Coordination.--Pursuant to sections 106(m) and 114(m)
of title 49, United States Code, the Administrator of the
Transportation Security Administration may provide
Transportation Security Administration personnel, who are not
engaged in front line transportation security efforts, to
other components of the Department and other Federal agencies
to improve coordination with such components and agencies to
prepare for, protect against, and respond to public health
threats to the transportation security system of the United
States.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall brief the
appropriate congressional committees regarding efforts to
improve coordination with other components of the Department
of Homeland Security and other Federal agencies to prepare
for, protect against, and respond to public health threats to
the transportation security system of the United States.
SEC. 6414. TRANSPORTATION SECURITY ADMINISTRATION
PREPAREDNESS.
(a) Analysis.--
(1) In general.--The Administrator of the Transportation
Security Administration shall conduct an analysis of
preparedness of the transportation security system of the
United States for public health threats. Such analysis shall
assess, at a minimum, the following:
(A) The risks of public health threats to the
transportation security system of the United States,
including to transportation hubs, transportation security
stakeholders, Transportation Security Administration (TSA)
personnel, and passengers.
(B) Information sharing challenges among relevant
components of the Department of Homeland Security, other
Federal agencies, international entities, and transportation
security stakeholders.
(C) Impacts to TSA policies and procedures for securing the
transportation security system.
(2) Coordination.--The analysis conducted of the risks
described in paragraph (1)(A) shall be conducted in
coordination with the Chief Medical Officer of the Department
of Homeland Security, the Secretary of Health and Human
Services, and transportation security stakeholders.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall brief the
appropriate congressional committees on the following:
(1) The analysis required under subsection (a).
(2) Technologies necessary to combat public health threats
at security screening checkpoints, such as testing and
screening technologies, including temperature screenings, to
better protect from future public health threats TSA
personnel, passengers, aviation workers, and other personnel
authorized to access the sterile area of an airport through
such checkpoints, and the estimated cost of technology
investments needed to fully implement across the aviation
system solutions to such threats.
(3) Policies and procedures implemented by TSA and
transportation security stakeholders to protect from public
health threats TSA personnel, passengers, aviation workers,
and other personnel authorized to access the sterile area
through the security screening checkpoints, as well as future
plans for additional measures relating to such protection.
(4) The role of TSA in establishing priorities, developing
solutions, and coordinating and sharing information with
relevant domestic and international entities during a public
health threat to the transportation security system, and how
TSA can improve its leadership role in such areas.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``sterile area'' has the meaning given such
term in section 1540.5 of title 49, Code of Federal
Regulations.
(3) The term ``TSA'' means the Transportation Security
Administration.
SEC. 6415. PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT
PASSENGER SCREENING CHECKPOINTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Administrator, in coordination
with the Chief Medical Officer of the Department of Homeland
Security, and in consultation with the Secretary of Health
and Human Services and the Director of the Centers for
Disease Control and Prevention, shall issue and commence
implementing a plan to enhance, as appropriate, security
operations at airports during the COVID-19 national emergency
in order to reduce risk of the spread of the coronavirus at
passenger screening checkpoints and among the TSA workforce.
(b) Contents.--The plan required under subsection (a) shall
include the following:
(1) An identification of best practices developed and
screening technologies deployed in response to the
coronavirus among foreign governments, airports, and air
carriers conducting aviation security screening operations,
as well as among Federal agencies conducting similar security
screening operations outside of airports, including in
locations where the spread of the coronavirus has been
successfully contained, that could be further integrated into
the United States aviation security system.
(2) Specific operational changes to aviation security
screening operations informed by the identification of best
practices and screening technologies under paragraph (1) that
could be implemented without degrading aviation security and
a corresponding timeline and costs for implementing such
changes.
(c) Considerations.--In carrying out the identification of
best practices under subsection (b), the Administrator shall
take into consideration the following:
(1) Aviation security screening procedures and practices in
place at security screening locations, including procedures
and practices implemented in response to the coronavirus.
(2) Volume and average wait times at each such security
screening location.
(3) Public health measures already in place at each such
security screening location.
(4) The feasibility and effectiveness of implementing
similar procedures and practices in locations where such are
not already in place.
(5) The feasibility and potential benefits to security,
public health, and travel facilitation of continuing any
procedures and practices implemented in response to the
COVID-19 national emergency beyond the end of such emergency.
(d) Consultation.--In developing the plan required under
subsection (a), the Administrator may consult with public and
private stakeholders and the TSA workforce, including through
the labor organization certified as the exclusive
representative of full- and part-time nonsupervisory TSA
personnel carrying out screening functions under section
44901 of title 49, United States Code.
(e) Submission.--Upon issuance of the plan required under
subsection (a), the Administrator shall submit the plan to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(f) Issuance and Implementation.--The Administrator shall
not be required to issue or implement, as the case may be,
the plan required under subsection (a) upon the termination
of the COVID-19 national emergency except to the extent the
Administrator determines such issuance or implementation, as
the case may be, to be feasible and beneficial to security
screening operations.
(g) GAO Review.--Not later than one year after the issuance
of the plan required under subsection (a) (if such plan is
issued in accordance with subsection (f)), the Comptroller
General of the United States shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a review, if appropriate, of such plan and any efforts
to implement such plan.
(h) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Transportation Security Administration.
(2) The term ``coronavirus'' has the meaning given such
term in section 506 of the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 (Public Law
116-123).
(3) The term ``COVID-19 national emergency'' means the
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) on March
13, 2020, with respect to the coronavirus.
(4) The term ``public and private stakeholders'' has the
meaning given such term in section 114(t)(1)(C) of title 49,
United States Code.
(5) The term ``TSA'' means the Transportation Security
Administration.
SEC. 6416. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF
HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a review of Department of Homeland Security trusted
traveler programs. Such review shall examine the following:
(1) The extent to which the Department of Homeland Security
tracks data and monitors trends related to trusted traveler
programs, including root causes for identity-matching errors
resulting in an individual's enrollment in a trusted traveler
program being reinstated.
(2) Whether the Department coordinates with the heads of
other relevant Federal, State, local, Tribal, or territorial
entities regarding redress procedures for disqualifying
offenses not covered by the Department's own redress
processes but which offenses impact an individual's
enrollment in a trusted traveler program.
(3) How the Department may improve individuals' access to
reconsideration procedures regarding a disqualifying offense
for enrollment in a trusted traveler program that requires
the involvement of any other Federal, State, local, Tribal,
or territorial entity.
(4) The extent to which travelers are informed about
reconsideration procedures regarding enrollment in a trusted
traveler program.
SEC. 6417. ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT OF
HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS.
Notwithstanding any other provision of law, the Secretary
of Homeland Security shall, with respect to an individual
whose enrollment in a trusted traveler program was revoked in
error extend by an amount of time equal to the period of
revocation the period of active enrollment in such a program
upon reenrollment in such a program by such an individual.
SEC. 6418. THREAT INFORMATION SHARING.
(a) Prioritization.--The Secretary of Homeland Security
shall prioritize the assignment of officers and intelligence
analysts under section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h) from the Transportation Security
Administration and, as appropriate, from the Office of
Intelligence and Analysis of the Department of Homeland
Security, to locations with participating State, local, and
regional fusion centers in jurisdictions with a high-risk
[[Page H7207]]
surface transportation asset in order to enhance the security
of such assets, including by improving timely sharing, in a
manner consistent with the protection of privacy rights,
civil rights, and civil liberties, of information regarding
threats of terrorism and other threats, including targeted
violence.
(b) Intelligence Products.--Officers and intelligence
analysts assigned to locations with participating State,
local, and regional fusion centers under this section shall
participate in the generation and dissemination of
transportation security intelligence products, with an
emphasis on such products that relate to threats of terrorism
and other threats, including targeted violence, to surface
transportation assets that--
(1) assist State, local, and Tribal law enforcement
agencies in deploying their resources, including personnel,
most efficiently to help detect, prevent, investigate,
apprehend, and respond to such threats;
(2) promote more consistent and timely sharing with and
among jurisdictions of threat information; and
(3) enhance the Department of Homeland Security's
situational awareness of such threats.
(c) Clearances.--The Secretary of Homeland Security shall
make available to appropriate owners and operators of surface
transportation assets, and to any other person that the
Secretary determines appropriate to foster greater sharing of
classified information relating to threats of terrorism and
other threats, including targeted violence, to surface
transportation assets, the process of application for
security clearances under Executive Order No. 13549 (75 Fed.
Reg. 162; relating to a classified national security
information program) or any successor Executive order.
(d) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report that
includes a detailed description of the measures used to
ensure privacy rights, civil rights, and civil liberties
protections in carrying out this section.
(e) GAO Report.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
review of the implementation of this section, including an
assessment of the measures used to ensure privacy rights,
civil rights, and civil liberties protections, and any
recommendations to improve this implementation, together with
any recommendations to improve information sharing with
State, local, Tribal, territorial, and private sector
entities to prevent, identify, and respond to threats of
terrorism and other threats, including targeted violence, to
surface transportation assets.
(f) Definitions.--In this section:
(1) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide
transportation services by--
(A) a public transportation agency (as such term is defined
in section 1402(5) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1131(5)));
(B) a railroad carrier (as such term is defined in section
20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-route
transportation services by over-the-road bus (as such term is
defined in section 1501(4) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems,
as determined by the Secretary.
(2) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in
order to inflict mass injury or death with no discernable
political or ideological motivation beyond mass injury or
death.
(3) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in section
2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is defined in
section 2331(1) of title 18, United States Code).
SEC. 6419. LOCAL LAW ENFORCEMENT SECURITY TRAINING.
(a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may
in a manner consistent with the protection of privacy rights,
civil rights, and civil liberties, develop, through the
Federal Law Enforcement Training Centers, a training program
to enhance the protection, preparedness, and response
capabilities of law enforcement agencies with respect to
threats of terrorism and other threats, including targeted
violence, at a surface transportation asset.
(b) Requirements.--If the Secretary of Homeland Security
develops the training program described in subsection (a),
such training program shall--
(1) be informed by current information regarding tactics
used by terrorists and others engaging in targeted violence;
(2) include tactical instruction tailored to the diverse
nature of the surface transportation asset operational
environment; and
(3) prioritize training officers from law enforcement
agencies that are eligible for or receive grants under
sections 2003 or 2004 of the Homeland Security Act of 2002 (6
U.S.C. 604 and 605) and officers employed by railroad
carriers that operate passenger service, including interstate
passenger service.
(c) Report.--If the Secretary of Homeland Security develops
the training program described in subsection (a), not later
than one year after the date on which the Secretary first
implements the program, and annually thereafter during each
year the Secretary carries out the program, the Secretary
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the program. Each such report shall include, for the year
covered by the report--
(1) a description of the curriculum for the training and
any changes to such curriculum;
(2) an identification of any contracts entered into for the
development or provision of training under the program;
(3) information on the law enforcement agencies the
personnel of which received the training, and for each such
agency, the number of participants; and
(4) a description of the measures used to ensure the
program was carried out to provide for protections of privacy
rights, civil rights, and civil liberties.
(d) Definitions.--In this section:
(1) The term ``public and private sector stakeholders'' has
the meaning given such term in section 114(t)(1)(c) of title
49, United States Code.
(2) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide
transportation services by--
(A) a public transportation agency (as such term is defined
in section 1402(5) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1131(5)));
(B) a railroad carrier (as such term is defined in section
20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-route
transportation services by over-the-road bus (as such term is
defined in section 1501(4) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems,
as determined by the Secretary.
(3) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in
order to inflict mass injury or death with no discernable
political or ideological motivation beyond mass injury or
death.
(4) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in section
2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is defined in
section 2331(1) of title 18, United States Code).
SEC. 6420. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION
SECURITY ASSISTANCE GRANTS.
Subparagraph (A) of section 1406(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135(b)(2); Public Law 110-53) is amended by inserting ``and
associated backfill'' after ``security training''.
SEC. 6421. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION
SECURITY ASSISTANCE GRANTS.
Section 1406 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53)
is amended--
(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following new
subsection:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2),
funds provided pursuant to a grant awarded under this section
for a use specified in subsection (b) shall remain available
for use by a grant recipient for a period of not fewer than
36 months.
``(2) Exception.--Funds provided pursuant to a grant
awarded under this section for a use specified in
subparagraph (M) or (N) of subsection (b)(1) shall remain
available for use by a grant recipient for a period of not
fewer than 48 months.''.
SEC. 6422. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANT PROGRAM.
(a) In General.--The Comptroller General of the United
States shall conduct a review of the public transportation
security assistance grant program under section 1406 of the
Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1135; Public Law 110-53).
(b) Scope.--The review required under paragraph (1) shall
include the following:
(1) An assessment of the type of projects funded under the
public transportation security grant program referred to in
such paragraph.
(2) An assessment of the manner in which such projects
address threats to public transportation infrastructure.
(3) An assessment of the impact, if any, of sections 5342
through 5345 (including the amendments made by this Act) on
types of projects funded under the public transportation
security assistance grant program.
(4) An assessment of the management and administration of
public transportation security assistance grant program funds
by grantees.
(5) Recommendations to improve the manner in which public
transportation security assistance grant program funds
address vulnerabilities in public transportation
infrastructure.
(6) Recommendations to improve the management and
administration of the public transportation security
assistance grant program.
(c) Report.--Not later than one year after the date of the
enactment of this Act and again not later than five years
after such date of enactment, the Comptroller General of the
United
[[Page H7208]]
States shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the review required under this section.
SEC. 6423. SENSITIVE SECURITY INFORMATION; AVIATION SECURITY.
(a) Sensitive Security Information.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall--
(A) ensure clear and consistent designation of ``Sensitive
Security Information'', including reasonable security
justifications for such designation;
(B) develop and implement a schedule to regularly review
and update, as necessary, TSA Sensitive Security Information
identification guidelines;
(C) develop a tracking mechanism for all Sensitive Security
Information redaction and designation challenges;
(D) document justifications for changes in position
regarding Sensitive Security Information redactions and
designations, and make such changes accessible to TSA
personnel for use with relevant stakeholders, including air
carriers, airport operators, surface transportation
operators, and State and local law enforcement, as necessary;
and
(E) ensure that TSA personnel are adequately trained on
appropriate designation policies.
(2) Stakeholder outreach.--Not later than 180 days after
the date of the enactment of this Act, the Administrator of
the Transportation Security Administration (TSA) shall
conduct outreach to relevant stakeholders described in
paragraph (1)(D) that regularly are granted access to
Sensitive Security Information to raise awareness of the
TSA's policies and guidelines governing the designation and
use of Sensitive Security Information.
(b) Aviation Security.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall develop and
implement guidelines with respect to domestic and last point
of departure airports to--
(A) ensure the inclusion, as appropriate, of air carriers,
domestic airport operators, and other transportation security
stakeholders in the development and implementation of
security directives and emergency amendments;
(B) document input provided by air carriers, domestic
airport operators, and other transportation security
stakeholders during the security directive and emergency
amendment, development, and implementation processes;
(C) define a process, including timeframes, and with the
inclusion of feedback from air carriers, domestic airport
operators, and other transportation security stakeholders,
for cancelling or incorporating security directives and
emergency amendments into security programs;
(D) conduct engagement with foreign partners on the
implementation of security directives and emergency
amendments, as appropriate, including recognition if existing
security measures at a last point of departure airport are
found to provide commensurate security as intended by
potential new security directives and emergency amendments;
and
(E) ensure that new security directives and emergency
amendments are focused on defined security outcomes.
(2) Briefing to congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall brief the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the guidelines described in
paragraph (1).
(3) Decisions not subject to judicial review.--
Notwithstanding any other provision of law, any action of the
Administrator of the Transportation Security Administration
under paragraph (1) is not subject to judicial review.
TITLE LXV--OTHER MATTERS RELATING TO FOREIGN AFFAIRS
Sec. 6501. Authorization for United States Participation in the
Coalition for Epidemic Preparedness Innovations.
Sec. 6502. Required notification and reports related to Peacekeeping
Operations account.
Sec. 6503. Transnational Repression Accountability and Prevention.
Sec. 6504. Human rights awareness for American athletic delegations.
Sec. 6505. Cooperation between the United States and Ukraine regarding
the titanium industry.
Sec. 6506. Updates to the National Strategy for Combating Terrorist and
Other Illicit Financing.
Sec. 6507. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6508. Annual report on United States policy toward South Sudan.
Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6510. Supporting democracy in Burma.
Sec. 6511. United States Grand Strategy with respect to China.
SEC. 6501. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN
THE COALITION FOR EPIDEMIC PREPAREDNESS
INNOVATIONS.
(a) In General.--The United States is authorized to
participate in the Coalition for Epidemic Preparedness
Innovations (referred to in this section as ``CEPI'').
(b) Investors Council and Board of Directors.--
(1) Initial designation.--The President shall designate an
employee of the United States Agency for International
Development to serve on the Investors Council and, if
nominated, on the Board of Directors of CEPI, as a
representative of the United States during the period
beginning on the date of such designation and ending on
September 30, 2022.
(2) Ongoing designations.--The President may designate an
employee of the relevant Federal department or agency with
fiduciary responsibility for United States contributions to
CEPI to serve on the Investors Council and, if nominated, on
the Board of Directors of CEPI, as a representative of the
United States.
(3) Qualifications.--Any employee designated pursuant to
paragraph (1) or (2) shall have demonstrated knowledge and
experience in the field of development and, if designated
from a Federal department or agency with primary fiduciary
responsibility for United States contributions pursuant to
paragraph (2), in the field of public health, epidemiology,
or medicine.
(4) Coordination.--In carrying out the responsibilities
under this section, any employee designated pursuant to
paragraph (1) or (2) shall coordinate with the Secretary of
Health and Human Services to promote alignment, as
appropriate, between CEPI and the strategic objectives and
activities of the Secretary of Health and Human Services with
respect to the research, development, and procurement of
medical countermeasures, consistent with titles III and
XXVIII of the Public Health Service Act (42 U.S.C. 241 et
seq. and 300hh et seq.).
(c) Consultation.--Not later than 60 days after the date of
the enactment of this Act, the employee designated pursuant
to subsection (b)(1) shall consult with the Committee on
Foreign Relations, the Committee on Appropriations, and the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Energy and Commerce of
the House of Representatives regarding--
(1) the manner and extent to which the United States plans
to participate in CEPI, including through the governance of
CEPI;
(2) any planned financial contributions from the United
States to CEPI; and
(3) how participation in CEPI is expected to support--
(A) the applicable revision of the National Biodefense
Strategy required under section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
(B) any other relevant programs relating to global health
security and biodefense.
SEC. 6502. REQUIRED NOTIFICATION AND REPORTS RELATED TO
PEACEKEEPING OPERATIONS ACCOUNT.
(a) Congressional Notification.--Not later than 15 days
prior to the obligation of amounts made available to provide
assistance pursuant to section 551 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348), the Secretary of State shall
submit to the appropriate congressional committees a
notification, in accordance with the applicable procedures
under section 634A of such Act (22 U.S.C. 2394-1), that
includes, with respect to such assistance, the following:
(1) An itemized identification of each foreign country or
entity the capabilities of which the assistance is intended
to support.
(2) An identification of the amount, type, and purpose of
assistance to be provided to each such country or entity.
(3) An assessment of the capacity of each such country or
entity to effectively implement, benefit from, or use the
assistance to be provided for the intended purpose identified
under paragraph (2).
(4) A description of plans to encourage and monitor
adherence to international human rights and humanitarian law
by the foreign country or entity receiving the assistance.
(5) An identification of any implementers, including third
party contractors or other such entities, and the anticipated
timeline for implementing any activities to carry out the
assistance.
(6) As applicable, a description of plans to sustain and
account for any military or security equipment and
subsistence funds provided as an element of the assistance
beyond the date of completion of such activities, including
the estimated cost and source of funds to support such
sustainment.
(7) An assessment of how such activities promote the
following:
(A) The diplomatic and national security objectives of the
United States.
(B) The objectives and regional strategy of the country or
entity receiving the assistance.
(C) The priorities of the United States regarding the
promotion of good governance, rule of law, the protection of
civilians, and human rights.
(D) The peacekeeping capabilities of partner countries of
the country or entity receiving the assistance, including an
explanation if such activities do not support peacekeeping.
(8) An assessment of the possible impact of such activities
on local political and social dynamics, including a
description of any consultations with local civil society.
(b) Reports on Programs Under Peacekeeping Operations
Account.--
(1) Annual report.--Not later than 90 days after the
enactment of this Act, and annually thereafter for 5 years,
the Secretary of State shall submit to the appropriate
congressional committees a report on any security assistance
made available, during the three fiscal years preceding the
date on which the report is submitted, to foreign countries
that received assistance authorized under section 551 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348) for any of
the following purposes:
(A) Building the capacity of the foreign military, border
security, or law enforcement entities, of the country.
(B) Strengthening the rule of law of the country.
(C) Countering violent extremist ideology or recruitment
within the country.
[[Page H7209]]
(2) Matters.--Each report under paragraph (1) shall
include, with respect to each foreign country that has
received assistance as specified in such paragraph, the
following:
(A) An identification of the authority used to provide such
assistance and a detailed description of the purpose of
assistance provided.
(B) An identification of the amount of such assistance and
the program under which such assistance was provided.
(C) A description of the arrangements to sustain any
equipment provided to the country as an element of such
assistance beyond the date of completion of the assistance,
including the estimated cost and source of funds to support
such sustainment.
(D) An assessment of the impact of such assistance on the
peacekeeping capabilities and security situation of the
country, including with respect to the levels of conflict and
violence, the local, political, and social dynamics, and the
human rights record, of the country.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committees on Appropriations of the Senate and of
the House of Representatives.
SEC. 6503. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND
PREVENTION.
(a) Sense of Congress.--It is the sense of Congress that
some INTERPOL member countries have repeatedly misused
INTERPOL's databases and processes, including Notice and
Diffusion mechanisms, to conduct activities of an overtly
political or other unlawful character and in violation of
international human rights standards, including by making
requests to harass or persecute political opponents, human
rights defenders, or journalists.
(b) Support for INTERPOL Institutional Reforms.--The
Attorney General and the Secretary of State shall--
(1) use the voice, vote, and influence of the United
States, as appropriate, within INTERPOL's General Assembly
and Executive Committee to promote reforms aimed at improving
the transparency of INTERPOL and ensuring its operation
consistent with its Constitution, particularly articles 2 and
3, and Rules on the Processing of Data, including--
(A) supporting INTERPOL's reforms enhancing the screening
process for Notices, Diffusions, and other INTERPOL
communications to ensure they comply with INTERPOL's
Constitution and Rules on the Processing of Data (RPD);
(B) supporting and strengthening INTERPOL's coordination
with the Commission for Control of INTERPOL's Files (CCF) in
cases in which INTERPOL or the CCF has determined that a
member country issued a Notice, Diffusion, or other INTERPOL
communication against an individual in violation of articles
2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit
such member country from seeking the publication or issuance
of any subsequent Notices, Diffusions, or other INTERPOL
communication against the same individual based on the same
set of claims or facts;
(C) increasing, to the extent practicable, dedicated
funding to the CCF and the Notices and Diffusions Task Force
in order to further expand operations related to the review
of requests for red notices and red diffusions;
(D) supporting candidates for positions within INTERPOL's
structures, including the Presidency, Executive Committee,
General Secretariat, and CCF who have demonstrated experience
relating to and respect for the rule of law;
(E) seeking to require INTERPOL in its annual report to
provide a detailed account, disaggregated by member country
or entity of--
(i) the number of Notice requests, disaggregated by color,
that it received;
(ii) the number of Notice requests, disaggregated by color,
that it rejected;
(iii) the category of violation identified in each instance
of a rejected Notice;
(iv) the number of Diffusions that it cancelled without
reference to decisions by the CCF; and
(v) the sources of all INTERPOL income during the reporting
period; and
(F) supporting greater transparency by the CCF in its
annual report by providing a detailed account, disaggregated
by country, of--
(i) the number of admissible requests for correction or
deletion of data received by the CCF regarding issued
Notices, Diffusions, and other INTERPOL communications; and
(ii) the category of violation alleged in each such
complaint;
(2) inform the INTERPOL General Secretariat about incidents
in which member countries abuse INTERPOL communications for
politically motivated or other unlawful purposes so that, as
appropriate, action can be taken by INTERPOL; and
(3) request to censure member countries that repeatedly
abuse and misuse INTERPOL's red notice and red diffusion
mechanisms, including restricting the access of those
countries to INTERPOL's data and information systems.
(c) Report on INTERPOL.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and biannually thereafter for a period
of 4 years, the Attorney General and the Secretary of State,
in consultation with the heads of other relevant United
States Government departments or agencies, shall submit to
the appropriate committees of Congress a report containing an
assessment of how INTERPOL member countries abuse INTERPOL
Red Notices, Diffusions, and other INTERPOL communications
for political motives and other unlawful purposes within the
past three years.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A list of countries that the Attorney General and the
Secretary determine have repeatedly abused and misused the
red notice and red diffusion mechanisms for political
purposes.
(B) A description of the most common tactics employed by
member countries in conducting such abuse, including the
crimes most commonly alleged and the INTERPOL communications
most commonly exploited.
(C) An assessment of the adequacy of INTERPOL mechanisms
for challenging abusive requests, including the Commission
for the Control of INTERPOL's Files (CCF), an assessment of
the CCF's March 2017 Operating Rules, and any shortcoming the
United States believes should be addressed.
(D) A description of how INTERPOL's General Secretariat
identifies requests for red notice or red diffusions that are
politically motivated or are otherwise in violation of
INTERPOL's rules and how INTERPOL reviews and addresses cases
in which a member country has abused or misused the red
notice and red diffusion mechanisms for overtly political
purposes.
(E) A description of any incidents in which the Department
of Justice assesses that United States courts and executive
departments or agencies have relied on INTERPOL
communications in contravention of existing law or policy to
seek the detention of individuals or render judgments
concerning their immigration status or requests for asylum,
with holding of removal, or convention against torture claims
and any measures the Department of Justice or other executive
departments or agencies took in response to these incidents.
(F) A description of how the United States monitors and
responds to likely instances of abuse of INTERPOL
communications by member countries that could affect the
interests of the United States, including citizens and
nationals of the United States, employees of the United
States Government, aliens lawfully admitted for permanent
residence in the United States, aliens who are lawfully
present in the United States, or aliens with pending asylum,
withholding of removal, or convention against torture claims,
though they may be unlawfully present in the United States.
(G) A description of what actions the United States takes
in response to credible information it receives concerning
likely abuse of INTERPOL communications targeting employees
of the United States Government for activities they undertook
in an official capacity.
(H) A description of United States advocacy for reform and
good governance within INTERPOL.
(I) A strategy for improving interagency coordination to
identify and address instances of INTERPOL abuse that affect
the interests of the United States, including international
respect for human rights and fundamental freedoms, citizens
and nationals of the United States, employees of the United
States Government, aliens lawfully admitted for permanent
residence in the United States, aliens who are lawfully
present in the United States, or aliens with pending asylum,
withholding of removal, or convention against torture claims,
though they may be unlawfully present in the United States.
(3) Form of report.--Each report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex, as appropriate. The unclassified
portion of the report shall be posted on a publicly available
website of the Department of State and of the Department of
Justice.
(4) Briefing.--Not later than 30 days after the submission
of each report under paragraph (1), the Department of Justice
and the Department of State, in coordination with other
relevant United States Government departments and agencies,
shall brief the appropriate committees of Congress on the
content of the reports and recent instances of INTERPOL abuse
by member countries and United States efforts to identify and
challenge such abuse, including efforts to promote reform and
good governance within INTERPOL.
(d) Prohibition Regarding Basis for Extradition.--No United
States Government department or agency may extradite an
individual based solely on an INTERPOL Red Notice or
Diffusion issued by another INTERPOL member country for such
individual.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(2) INTERPOL communications.--The term ``INTERPOL
communications'' means any INTERPOL Notice or Diffusion or
any entry into any INTERPOL database or other communications
system maintained by INTERPOL.
SEC. 6504. HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC
DELEGATIONS.
(a) Sense of Congress.--It is the sense of Congress that
individuals representing the United States at international
athletic competitions in foreign countries should have the
opportunity to be informed about human rights and security
concerns in such countries and how best to safeguard their
personal security and privacy.
(b) In General.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall
devise and implement a strategy for disseminating briefing
materials, including information described in subsection (c),
to individuals representing the United States at
international athletic competitions in a covered country.
(2) Timing and form of materials.--
(A) In general.--The briefing materials referred to in
paragraph (1) shall be offered not
[[Page H7210]]
later than 180 days prior to the commencement of an
international athletic competition in a covered country.
(B) Form of delivery.--Briefing materials related to the
human rights record of covered countries may be delivered
electronically or disseminated in person, as appropriate.
(C) Special consideration.--Information briefing materials
related to personal security risks may be offered
electronically, in written format, by video teleconference,
or prerecorded video.
(3) Consultations.--In devising and implementing the
strategy required under paragraph (1), the Secretary of State
shall consult with the following:
(A) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations in the
Senate, not later than 90 days after the date of the
enactment of this Act.
(B) Leading human rights nongovernmental organizations and
relevant subject-matter experts in determining the content of
the briefings required under this subsection.
(C) The United States Olympic and Paralympic Committee and
the national governing bodies of amateur sports that play a
role in determining which individuals represent the United
States in international athletic competitions, regarding the
most appropriate and effective method to disseminate briefing
materials.
(c) Content of Briefings.--The briefing materials required
under subsection (b) shall include, with respect to a covered
country hosting an international athletic competition in
which individuals may represent the United States, the
following:
(1) Information on the human rights concerns present in
such covered country, as described in the Department of
State's Annual Country Reports on Human Rights Practices.
(2) Information, as applicable, on risks such individuals
may face to their personal and digital privacy and security,
and recommended measures to safeguard against certain forms
of foreign intelligence targeting, as appropriate.
(d) Covered Country Defined.--In this section, the term
``covered country'' means, with respect to a country hosting
an international athletic competition in which individuals
representing the United States may participate, any of the
following:
(1) Any Communist country specified in subsection (f) of
section 620 of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(f)).
(2) Any country ranked as a Tier 3 country in the most
recent Department of State's annual Trafficking in Persons
Report.
(3) Any other country the Secretary of State determines
presents serious human rights concerns for the purpose of
informing such individuals.
(4) Any country the Secretary of State, in consultation
with other cabinet officials as appropriate, determines
presents a serious counterintelligence risk.
SEC. 6505. COOPERATION BETWEEN THE UNITED STATES AND UKRAINE
REGARDING THE TITANIUM INDUSTRY.
(a) Statement of Policy.--It is the policy of the United
States to engage with the Government of Ukraine on
cooperation in the titanium industry as a potential
alternative to Chinese and Russian sources on which the
United States and Europe currently depend.
(b) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a
report that describes the feasibility of utilizing titanium
sources from Ukraine as a potential alternative to Chinese
and Russian sources.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 6506. UPDATES TO THE NATIONAL STRATEGY FOR COMBATING
TERRORIST AND OTHER ILLICIT FINANCING.
The Countering Russian Influence in Europe and Eurasia Act
of 2017 (22 U.S.C. 9501 et seq.) is amended--
(1) in section 261(b)(2)--
(A) by striking ``2020'' and inserting ``2024''; and
(B) by striking ``2022'' and inserting ``2026'';
(2) in section 262--
(A) in paragraph (1)--
(i) by striking ``in the documents entitled `2015 National
Money Laundering Risk Assessment' and `2015 National
Terrorist Financing Risk Assessment','' and inserting ``in
the documents entitled `2020 National Strategy for Combating
Terrorist and Other Illicit Financing' and `2022 National
Strategy for Combating Terrorist and Other Illicit Financing'
''; and
(ii) by striking ``the broader counter terrorism strategy
of the United States'' and inserting ``the broader counter
terrorism and national security strategies of the United
States'';
(B) in paragraph (6)--
(i) by striking ``Prevention of illicit finance'' and
inserting ``prevention, detection, and disruption of illicit
finance'';
(ii) by striking ``private financial sector'' and inserting
``private sector, including financial and other relevant
industries,''; and
(iii) by striking ``with regard to the prevention and
detection of illicit finance'' and inserting ``with regard to
the prevention, detection, and disruption of illicit
finance''; and
(C) in paragraph (8), by striking ``such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime,''.
SEC. 6507. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR AL-
ASSAD.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the estimated net worth and known sources
of income of Syrian President Bashar al-Assad and his family
members (including spouse, children, siblings, and paternal
and maternal cousins), including income from corrupt or
illicit activities and including assets, investments, other
business interests, and relevant beneficial ownership
information.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex if necessary. The unclassified portion of such report
shall be made available on a publicly available internet
website of the Federal Government.
SEC. 6508. ANNUAL REPORT ON UNITED STATES POLICY TOWARD SOUTH
SUDAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the signatories to the Revitalized Agreement on the
Resolution of the Conflict in the Republic of South Sudan,
signed on September 12, 2018, have delayed implementation,
leading to continued conflict and instability in South Sudan;
(2) despite years of fighting, 2 peace agreements, punitive
actions by the international community, and widespread
suffering among civilian populations, the leaders of South
Sudan have failed to build sustainable peace;
(3) the United Nations arms embargo on South Sudan, most
recently extended by 1 year to May 31, 2022, through United
Nations Security Council Resolution 2577 (2021), is necessary
to stem the illicit transfer and destabilizing accumulation
and misuse of small arms and light weapons in perpetuation of
the conflict in South Sudan;
(4) the United States should call on other member states of
the United Nations to redouble efforts to enforce the United
Nations arms embargo on South Sudan; and
(5) the United States, through the United States Mission to
the United Nations, should use its voice and vote in the
United Nations Security Council in favor of maintaining the
United Nations arms embargo on South Sudan until--
(A) the Revitalized Agreement on the Resolution of the
Conflict in the Republic of South Sudan is fully implemented;
or
(B) credible, fair, and transparent democratic elections
are held in South Sudan.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter for 5
years, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development and the heads of other Federal department and
agencies as necessary, shall submit to the appropriate
congressional committees a report on United States policy
toward South Sudan, including the most recent approved
interagency strategy developed to address political,
security, and humanitarian issues prevalent in the country
since it gained independence from Sudan in July 2011.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the situation in South Sudan,
including the role of South Sudanese government officials in
intercommunal violence, corruption, and obstruction of the
peace process.
(B) An assessment of the status of the implementation of
the 2018 R-ARCSS and the ongoing peace processes.
(C) A detailed description of United States assistance and
other efforts to support peace processes in South Sudan,
including an assessment of the efficacy of stakeholder
engagement and United States assistance to advance
peacebuilding, conflict mitigation, and other related
activities.
(D) An assessment of the United Nations Mission in South
Sudan capacity and progress in fulfilling its mandate over
the last 3 fiscal years.
(E) A detailed description of United States funding for
emergency and non-emergency humanitarian and development
assistance to South Sudan, as well as support provided to
improve anti-corruption and fiscal transparency efforts in
South Sudan over the last 5 fiscal years.
(F) A summary of United States efforts to promote
accountability for human rights abuses and an assessment of
efforts by the Government of South Sudan and the African
Union, respectively, to hold responsible parties accountable.
(G) Analysis of the impact of domestic and international
sanctions on deterring and combating corruption, mitigating
and reducing conflict, and holding those responsible for
human rights abuses accountable.
(H) An assessment of the prospects for, and impediments to,
holding credible general elections.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form and posted to a website of the
Department of State, may include a classified annex, and
shall be accompanied by a briefing as determined necessary.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter for 2 years,
the Secretary of the Treasury, in consultation with the
Secretary of State and the heads of other Federal department
and agencies as necessary, shall brief the appropriate
congressional committees on United States efforts, including
assistance provided by the Department of Treasury and United
States law enforcement and intelligence communities, to
detect and deter money laundering and counter illicit
financial flows, trafficking in persons, weapons, and other
illicit goods, and the financing of terrorists and armed
groups. Such
[[Page H7211]]
briefing shall be provided in unclassified setting and may
include a classified briefing as determined necessary.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Banking, and the Committee on Appropriations of the Senate;
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
SEC. 6509. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND
ASEAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall develop and submit to the
appropriate congressional committees a comprehensive strategy
for engagement with Southeast Asia and the Association of
Southeast Asian Nations (ASEAN).
(b) Matters To Be Included.--The strategy required by
subsection (a) shall include the following:
(1) A statement of enduring United States interests in
Southeast Asia and a description of efforts to bolster the
effectiveness of ASEAN.
(2) A description of efforts to--
(A) deepen and expand Southeast Asian alliances,
partnerships, and multilateral engagements, including efforts
to expand broad based and inclusive economic growth, security
ties, security cooperation and interoperability, economic
connectivity, and expand opportunities for ASEAN to work with
other like-minded partners in the region; and
(B) encourage like-minded partners outside of the Indo-
Pacific region to engage with ASEAN.
(3) A summary of initiatives across the whole of the United
States Government to strengthen the United States partnership
with Southeast Asian nations and ASEAN, including to promote
broad based and inclusive economic growth, trade, investment,
energy innovation and sustainability, public-private
partnerships, physical and digital infrastructure
development, education, disaster management, public health
and global health security, and economic, political, and
public diplomacy in Southeast Asia.
(4) A summary of initiatives across the whole of the United
States Government to enhance the capacity of Southeast Asian
nations with respect to enforcing international law and
multilateral sanctions, and initiatives to cooperate with
ASEAN as an institution in these areas.
(5) A summary of initiatives across the whole of the United
States Government to promote human rights and democracy, to
strengthen the rule of law, civil society, and transparent
governance, to combat disinformation and to protect the
integrity of elections from outside influence.
(6) A summary of initiatives to promote security
cooperation and security assistance within Southeast Asian
nations, including--
(A) maritime security and maritime domain awareness
initiatives for protecting the maritime commons and
supporting international law and freedom of navigation in the
South China Sea; and
(B) efforts to combat terrorism, human trafficking, piracy,
and illegal fishing, and promote more open, reliable routes
for sea lines of communication.
(c) Distribution of Strategy.--For the purposes of assuring
allies and partners in Southeast Asia and deepening United
States engagement with ASEAN, the Secretary of State shall
direct each United States chief of mission to ASEAN and its
member states to distribute the strategy required by
subsection (a) to host governments.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 6510. SUPPORTING DEMOCRACY IN BURMA.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Appropriations of the House of
Representatives;
(5) the Committee on Armed Services of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(8) the Committee on Financial Services of the House of
Representatives.
(b) Briefing Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the following officials shall
jointly brief the appropriate congressional committees
regarding actions taken by the United States Government to
further United States policy and security objectives in Burma
(officially known as the ``Republic of the Union of
Myanmar''):
(A) The Assistant Secretary of State for East Asian and
Pacific Affairs.
(B) The Counselor of the Department of State.
(C) The Under Secretary of the Treasury for Terrorism and
Financial Intelligence.
(D) The Assistant to the Administrator for the Bureau for
Conflict Prevention and Stabilization.
(E) Additional officials from the Department of Defense or
the Intelligence Community, as appropriate.
(2) Information required.--The briefing required under
paragraph (1) shall include--
(A) a detailed description of the specific United States
policy and security objectives in Burma;
(B) information about any actions taken by the United
States, either directly or in coordination with other
countries--
(i) to support and legitimize the National Unity Government
of the Republic of the Union of Myanmar, The Civil
Disobedience Movement in Myanmar, and other entities
promoting democracy in Burma, while simultaneously denying
legitimacy and resources to the Myanmar's military junta;
(ii) to impose costs on Myanmar's military junta,
including--
(I) an assessment of the impact of existing United States
and international sanctions; and
(II) a description of potential prospects for additional
sanctions;
(iii) to secure the restoration of democracy, the
establishment of inclusive and representative civilian
government, with a reformed military reflecting the diversity
of Burma and under civilian control, and the enactment of
constitutional, political, and economic reform in Burma;
(iv) to secure the unconditional release of all political
prisoners in Burma;
(v) to promote genuine national reconciliation among
Burma's diverse ethnic and religious groups;
(vi) to ensure accountability for atrocities, human rights
violations, and crimes against humanity committed by
Myanmar's military junta; and
(vii) to avert a large-scale humanitarian disaster;
(C) an update on the current status of United States
assistance programs in Burma, including--
(i) humanitarian assistance for affected populations,
including internally displaced persons and efforts to
mitigate humanitarian and health crises in neighboring
countries and among refugee populations;
(ii) democracy assistance, including support to the
National Unity Government of the Republic of the Union of
Myanmar and civil society groups in Burma;
(iii) economic assistance; and
(iv) global health assistance, including COVID-19 relief;
and
(D) a description of the strategic interests in Burma of
the People's Republic of China and the Russian Federation,
including--
(i) access to natural resources and lines of communications
to sea routes; and
(ii) actions taken by such countries--
(I) to support Myanmar's military junta in order to
preserve or promote such interests;
(II) to undermine the sovereignty and territorial integrity
of Burma; and
(III) to promote ethnic conflict within Burma.
(c) Classification and Format.--The briefing required under
subsection (b)--
(1) shall be provided in an unclassified setting; and
(2) may be accompanied by a separate classified briefing,
as appropriate.
SEC. 6511. UNITED STATES GRAND STRATEGY WITH RESPECT TO
CHINA.
(a) Strategy Required.--
(1) In general.--Not later than 30 days after the date on
which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, the President shall commence developing a
comprehensive report that articulates the strategy of the
United States with respect to the People's Republic of China
(in this section referred to as the ``China Strategy'') that
builds on the work of such national security strategy.
(2) Submittal.--Not later than 270 days after the date on
which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, the President shall submit to Congress the China
Strategy developed under paragraph (1).
(3) Form.--The China Strategy shall be submitted in
classified form and shall include an unclassified summary.
(b) Contents.--The China Strategy developed under
subsection (a) shall set forth the national security strategy
of the United States with respect to the People's Republic of
China and shall include a comprehensive description and
discussion of the following:
(1) The strategy of the People's Republic of China
regarding the military, economic, and political power of
China in the Indo-Pacific region and worldwide, including why
the People's Republic of China has decided on such strategy
and what the strategy means for the long-term interests,
values, goals, and objectives of the United States.
(2) The worldwide interests, values, goals, and objectives
of the United States as they relate to geostrategic and
geoeconomic competition with the People's Republic of China.
(3) The foreign and economic policy, worldwide commitments,
and national defense capabilities of the United States
necessary to deter aggression and to implement the national
security strategy of the United States as they relate to the
new era of competition with the People's Republic of China.
(4) How the United States will exercise the political,
economic, military, diplomatic, and other elements of its
national power to protect or advance its interests and values
and achieve the goals and objectives referred to in paragraph
(1).
(5) The adequacy of the capabilities of the United States
Government to carry out the national security strategy of the
United States within the context of new and emergent
challenges to the international order posed by the
[[Page H7212]]
People's Republic of China, including an evaluation--
(A) of the balance among the capabilities of all elements
of national power of the United States; and
(B) the balance of all United States elements of national
power in comparison to equivalent elements of national power
of the People's Republic of China.
(6) The assumptions and end-state or end-states of the
strategy of the United States globally and in the Indo-
Pacific region with respect to the People's Republic of
China.
(7) Such other information as the President considers
necessary to help inform Congress on matters relating to the
national security strategy of the United States with respect
to the People's Republic of China.
(c) Advisory Board on United States Grand Strategy With
Respect to China.--
(1) Establishment.--The President may establish in the
executive branch an advisory board to be known as the
``Advisory Board on United States Grand Strategy with respect
to China'' (in this section referred to as the ``Board'').
(2) Purpose.--The purpose of the Board is to convene
outside experts to advise the President on development of the
China Strategy.
(3) Duties.--
(A) Review.--The Board shall review the current national
security strategy of the United States with respect to the
People's Republic of China, including assumptions,
capabilities, strategy, and end-state or end-states.
(B) Assessment and recommendations.--The Board shall
analyze the United States national security strategy with
respect to the People's Republic of China, including
challenging its assumptions and approach, and make
recommendations to the President for the China Strategy.
(C) Classified briefing.--
(i) In general.--Not later than 30 days after the date on
which the President submits the China Strategy to Congress
under subsection (a)(2), the Board shall provide the
appropriate congressional committees a classified briefing on
its review, assessment, and recommendations.
(ii) Appropriate congressional committees defined.--In this
subparagraph, the term ``appropriate congressional
committees'' means--
(I) the congressional defense committees;
(II) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(III) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(4) Composition.--
(A) Recommendations.--Not later than 30 days after the date
on which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, 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 shall each provide to the President 2
candidates for membership on the Board, at least 1 of whom
shall be an individual in the private sector and 1 of whom
shall be an individual in academia or employed by a nonprofit
research institution.
(B) Membership.--The Board shall be composed of 9 members
appointed by the President as follows:
(i) The National Security Advisor or such other designee as
the President considers appropriate, such as the Asia
Coordinator from the National Security Council.
(ii) Four shall be selected from among individuals in the
private sector.
(iii) Four shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(iv) Two members shall be selected from among individuals
included in the list submitted by the majority leader of the
Senate under subparagraph (A), of whom--
(I) one shall be selected from among individuals in the
private sector; and
(II) one shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(v) Two members shall be selected from among individuals
included in the list submitted by the minority leader of the
Senate under subparagraph (A), of whom--
(I) one shall be selected from among individuals in the
private sector; and
(II) one shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(vi) Two members shall be selected from among individuals
included in the list submitted by the Speaker of the House of
Representatives under subparagraph (A), or whom--
(I) one shall be selected from among individuals in the
private sector; and
(II) one shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(vii) Two members shall be selected from among individuals
included in the list submitted by the minority leader of the
House of Representatives under subparagraph (A), of whom--
(I) one shall be selected from among individuals in the
private sector; and
(II) one shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(C) Chairperson.--The Chairperson of the Board shall be the
member of the Board appointed under subparagraph (B)(i).
(D) Nongovernmental membership; period of appointment;
vacancies.--
(i) Nongovernmental membership.--Except in the case of the
Chairperson of the Board, an individual appointed to the
Board may not be an officer or employee of an instrumentality
of government.
(ii) Period of appointment.--Members shall be appointed for
the life of the Board.
(iii) Vacancies.--Any vacancy in the Board shall be filled
in the same manner as the original appointment.
(5) Deadline for appointment.--Not later than 60 days after
the date on which the President first submits to Congress a
national security strategy under section 108 of the National
Security Act of 1947 (50 U.S.C. 3043) after the date of the
enactment of this Act, the President shall--
(A) appoint the members of the Board pursuant to paragraph
(4); and
(B) submit to Congress a list of the members so appointed.
(6) Experts and consultants.--The Board is authorized to
procure temporary and intermittent services under section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay under level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(7) Security clearances.--The appropriate Federal
departments or agencies shall cooperate with the Board in
expeditiously providing to the Board members and experts and
consultants appropriate security clearances to the extent
possible pursuant to existing procedures and requirements,
except that no person may be provided with access to
classified information under this Act without the appropriate
security clearances.
(8) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Board and any experts and
consultants consistent with all applicable statutes,
regulations, and Executive orders.
(9) Uncompensated service.--A member of the Board who is
not an officer or employee of the Federal Government shall
serve without compensation.
(10) Cooperation from government.--In carrying out its
duties, the Board shall receive the full and timely
cooperation of the heads of relevant Federal departments and
agencies in providing the Board with analysis, briefings, and
other information necessary for the fulfillment of its
responsibilities.
(11) Termination.--The Board shall terminate on the date
that is 60 days after the date on which the President submits
the China Strategy to Congress under subsection (a)(2).
TITLE LXVI--OTHER MATTERS
Sec. 6601. Eligibility of certain individuals who served with special
guerrilla units or irregular forces in Laos for interment
in national cemeteries.
Sec. 6602. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt and
Syria.
Sec. 6603. Anomalous health incidents interagency coordinator.
Sec. 6604. Chief Human Capital Officers Council annual report.
Sec. 6605. National Global War on Terrorism Memorial.
Sec. 6606. Establishment of Subcommittee on the Economic and Security
Implications of Quantum Information Science.
Sec. 6607. Study and report on the redistribution of COVID-19 vaccine
doses that would otherwise expire to foreign countries
and economies.
Sec. 6608. Catawba Indian Nation lands.
Sec. 6609. Property disposition for affordable housing.
Sec. 6610. Blocking deadly fentanyl imports.
SEC. 6601. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH
SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN
LAOS FOR INTERMENT IN NATIONAL CEMETERIES.
(a) In General.--Section 2402(a)(10) of title 38, United
States Code, is amended--
(1) by striking the period at the end and inserting ``;
or''; and
(2) by adding at the end the following new subparagraph:
``(B) who--
``(i) the Secretary determines served honorably with a
special guerrilla unit or irregular forces operating from a
base in Laos in support of the Armed Forces at any time
during the period beginning on February 28, 1961, and ending
on May 7, 1975; and
``(ii) at the time of the individual's death--
``(I) was a citizen of the United States or an alien
lawfully admitted for permanent residence in the United
States; and
``(II) resided in the United States.''.
(b) Effective Date.--The amendments made by this section
shall have effect as if included in the enactment of section
251(a) of title II of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018
(division J of Public Law 115-141; 132 Stat. 824).
SEC. 6602. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS
AFFAIRS OPEN BURN PIT REGISTRY TO INCLUDE OPEN
BURN PITS IN EGYPT AND SYRIA.
Section 201(c)(2) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-
260; 38 U.S.C. 527 note) is amended, in the matter before
subparagraph (A), by striking ``or Uzbekistan'' and inserting
``, Uzbekistan, Egypt, or Syria''.
SEC. 6603. ANOMALOUS HEALTH INCIDENTS INTERAGENCY
COORDINATOR.
(a) Anomalous Health Incidents Interagency Coordinator.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this Act, the President shall designate an
appropriate senior official to be known as the Anomalous
Health Incidents Interagency Coordinator (in this section
referred to as the ``Interagency Coordinator'').
[[Page H7213]]
(2) Duties.--The Interagency Coordinator, working through
the interagency national security process, shall, with
respect to anomalous health incidents--
(A) coordinate the response of the United States Government
to such incidents;
(B) coordinate among relevant Federal agencies to ensure
equitable and timely access to assessment and care for
affected United States Government personnel, dependents of
such personnel, and other appropriate individuals;
(C) ensure adequate training and education relating to such
incidents for United States Government personnel;
(D) ensure that information regarding such incidents is
efficiently shared across relevant Federal agencies in a
manner that provides appropriate protections for classified,
sensitive, and personal information;
(E) coordinate, in consultation with the Director of the
White House Office of Science and Technology Policy, the
technological and research efforts of the United States
Government to address suspected attacks presenting as such
incidents; and
(F) develop policy options to prevent, mitigate, and deter
suspected attacks presenting as such incidents.
(b) Designation of Agency Coordination Leads.--
(1) Designation; responsibilities.--The head of each
relevant agency shall designate an official appointed by the
President, by and with the advice and consent of the Senate,
or other appropriate senior official, who shall--
(A) serve as the Anomalous Health Incident Agency
Coordination Lead (in this section referred to as the
``Agency Coordination Lead'') for the relevant agency
concerned;
(B) report directly to the head of such relevant agency
regarding activities carried out under this section;
(C) perform functions specific to such relevant agency and
related to anomalous health incidents, consistent with the
directives of the Interagency Coordinator and the interagency
national security process;
(D) represent such relevant agency in meetings convened by
the Interagency Coordinator; and
(E) participate in interagency briefings to Congress
regarding the response of the United States Government to
anomalous health incidents, including briefings required
under subsection (c).
(2) Delegation prohibited.--An Agency Coordination Lead may
not delegate any of the responsibilities specified in
paragraph (1).
(c) Briefings.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and quarterly thereafter for the
following two years, the Agency Coordination Leads shall
jointly provide to the appropriate congressional committees a
briefing on progress made in carrying out the duties under
subsection (b)(2).
(2) Elements.--Each briefing required under paragraph (1)
shall include--
(A) an update on the investigation into anomalous health
incidents affecting United States Government personnel and
dependents of such personnel, including technical causation
and suspected perpetrators;
(B) an update on new or persistent anomalous health
incidents;
(C) a description of threat prevention and mitigation
efforts with respect to anomalous health incidents, to
include personnel training;
(D) an identification of any changes to operational posture
as a result of anomalous health threats;
(E) an update on diagnosis and treatment efforts for
individuals affected by anomalous health incidents, including
patient numbers and wait times to access care;
(F) a description of efforts to improve and encourage
reporting of anomalous health incidents;
(G) a detailed description of the roles and
responsibilities of the Agency Coordination Leads;
(H) information regarding additional authorities or
resources needed to support the interagency response to
anomalous health incidents; and
(I) such other matters as the Interagency Coordinator or
the Agency Coordination Leads may consider appropriate.
(3) Unclassified briefing summary.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, and quarterly thereafter for the
following two years, the Agency Coordination Leads shall
provide to the appropriate congressional committees a
coordinated written summary of the briefings provided under
paragraph (1).
(B) Form.--The summary under subparagraph (A) shall be
submitted in an unclassified form to the extent practicable,
consistent with the protection of intelligence sources and
methods.
(d) Secure Reporting Mechanisms.--Not later than 90 days
after the date of the enactment of this section, the
Interagency Coordinator shall ensure that the head of each
relevant agency--
(1) develops a process to provide a secure mechanism for
personnel of the relevant agency concerned, the dependents of
such personnel, and other appropriate individuals, to self-
report any suspected exposure that could be an anomalous
health incident;
(2) shares all relevant data reported through such
mechanism in a timely manner with the Office of the Director
of National Intelligence and other relevant agencies, through
existing processes coordinated by the Interagency
Coordinator; and
(3) in developing the mechanism pursuant to paragraph (1),
prioritizes secure information collection and handling
processes to protect classified, sensitive, and personal
information.
(e) Workforce Guidance.--
(1) Development and dissemination.--The President shall
direct the heads of the relevant agencies to develop and
disseminate to employees of such relevant agencies who are
determined to be at risk of exposure to anomalous health
incidents updated workforce guidance that describes, at a
minimum--
(A) the threat posed by anomalous health incidents;
(B) known defensive techniques with respect to anomalous
health incidents; and
(C) processes to self-report any suspected exposure that
could be an anomalous health incident.
(2) Deadline.--The workforce guidance specified under
paragraph (1) shall be developed and disseminated pursuant to
such paragraph by not later than 60 days after the date of
the enactment of this Act.
(f) Rule of Construction.--Nothing in this section,
including the designation of the Interagency Coordinator
pursuant to subsection (a)(1), shall be construed to limit
the authority of any Federal agency to independently perform
the authorized functions of such agency.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State $5,000,000 for
fiscal year 2022, to be used to--
(1) increase capacity and staffing for the Health Incident
Response Task Force of the Department of State;
(2) support the development and implementation of efforts
by the Department of State to prevent and mitigate anomalous
health incidents affecting the workforce of the Department;
(3) investigate and characterize the cause of anomalous
health incidents, including investigations of causation and
attribution;
(4) collect and analyze data related to anomalous health
incidents;
(5) coordinate with other relevant agencies and the
National Security Council regarding anomalous health
incidents; and
(6) support other activities to understand, prevent, deter,
and respond to suspected attacks presenting as anomalous
health incidents, at the discretion of the Secretary of
State.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services, Foreign Relations,
Homeland Security and Governmental Affairs, the Judiciary,
and Appropriations, and the Select Committee on Intelligence,
of the Senate; and
(B) the Committees on Armed Services, Foreign Affairs,
Homeland Security, the Judiciary, and Appropriations, and the
Permanent Select Committee on Intelligence, of the House of
Representatives.
(2) The term ``relevant Federal agencies'' means--
(A) the Department of Defense;
(B) the Department of State;
(C) the Office of the Director of National Intelligence;
(D) the Central Intelligence Agency;
(E) the Department of Justice;
(F) the Department of Homeland Security; and
(G) such other Federal departments or agencies as may be
designated by the Interagency Coordinator.
SEC. 6604. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL
REPORT.
Subsection (d) of section 1303 of the Homeland Security Act
of 2002 (Public Law 107-296; 5 U.S.C. 1401 note) is amended
to read as follows:
``(d) Annual Reports.--
``(1) In general.--Each year, the Chief Human Capital
Officers Council shall submit to Congress a report that
includes the following:
``(A) A description of the activities of the Council.
``(B) A description of employment barriers that prevent the
agencies of its members from hiring qualified applicants,
including those for digital talent positions, and
recommendations for addressing the barriers that would allow
such agencies to more effectively hire qualified applicants.
``(2) Public availability.--Not later than 30 days after
the date on which the Council submits a report under
paragraph (1), the Director of the Office of Personnel
Management shall make the report publicly available on the
website of the Office of Personnel Management.''.
SEC. 6605. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.
(a) Site.--Notwithstanding section 8908(c) of title 40,
United States Code, the National Global War on Terrorism
Memorial authorized by section 2(a) of the Global War on
Terrorism War Memorial Act (40 U.S.C. 8903 note; Public Law
115-51; 131 Stat. 1003) (referred to in this section as the
``Memorial'') shall be located within the Reserve (as defined
in section 8902(a) of title 40, United States Code).
(b) Applicability of Commemorative Works Act.--Except as
provided in subsection (a), chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the Memorial.
SEC. 6606. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC AND
SECURITY IMPLICATIONS OF QUANTUM INFORMATION
SCIENCE.
(a) Establishment.--Title I of the National Quantum
Initiative Act (15 U.S.C. 8811 et seq.) is amended--
(1) by redesignating section 105 as section 106; and
(2) by inserting after section 104 the following new
section:
``SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY
IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.
``(a) Establishment.--The President shall establish,
through the National Science and Technology Council, the
Subcommittee on the Economic and Security Implications of
Quantum Information Science.
[[Page H7214]]
``(b) Membership.--The Subcommittee shall include a
representative of--
``(1) the Department of Energy;
``(2) the Department of Defense;
``(3) the Department of Commerce;
``(4) the Department of Homeland Security;
``(5) the Office of the Director of National Intelligence;
``(6) the Office of Management and Budget;
``(7) the Office of Science and Technology Policy;
``(8) the Department of Justice;
``(9) the National Science Foundation;
``(10) the National Institute of Standards and Technology;
and
``(11) such other Federal department or agency as the
President considers appropriate.
``(c) Responsibilities.--The Subcommittee shall--
``(1) in coordination with the Director of the Office and
Management and Budget, the Director of the National Quantum
Coordination Office, and the Subcommittee on Quantum
Information Science, track investments of the Federal
Government in quantum information science research and
development;
``(2) review and assess any economic or security
implications of such investments;
``(3) review and assess any counterintelligence risks or
other foreign threats to such investments;
``(4) recommend goals and priorities for the Federal
Government and make recommendations to Federal departments
and agencies and the Director of the National Quantum
Coordination Office to address any counterintelligence risks
or other foreign threats identified as a result of an
assessment under paragraph (3);
``(5) assess the export of technology associated with
quantum information science and recommend to the Secretary of
Commerce and the Secretary of State export controls necessary
to protect the economic and security interests of the United
States as a result of such assessment;
``(6) recommend to Federal departments and agencies
investment strategies in quantum information science that
advance the economic and security interest of the United
States;
``(7) recommend to the Director of National Intelligence
and the Secretary of Energy appropriate protections to
address counterintelligence risks or other foreign threats
identified as a result of the assessment under paragraph (3);
and
``(8) in coordination with the Subcommittee on Quantum
Information Science, ensure the approach of the United States
to investments of the Federal Government in quantum
information science research and development reflects a
balance between scientific progress and the potential
economic and security implications of such progress.
``(d) Technical and Administrative Support.--
``(1) In general.--The Secretary of Energy, the Director of
National Intelligence, and the Director of the National
Quantum Coordination Office may provide to the Subcommittee
personnel, equipment, facilities, and such other technical
and administrative support as may be necessary for the
Subcommittee to carry out the responsibilities of the
Subcommittee under this section.
``(2) Support related to classified information.--The
Director of the Office of Science and Technology Policy and
the Director of National Intelligence shall provide to the
Subcommittee technical and administrative support related to
the responsibilities of the Subcommittee that involve
classified information, including support related to
sensitive compartmented information facilities and the
storage of classified information.''.
(b) Sunset for Subcommittee.--
(1) Inclusion in sunset provision.--Such title is further
amended in section 106, as redesignated by subsection (a), by
striking ``103, and 104'' and inserting ``103, 104, and
105''.
(2) Effective date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
National Quantum Initiative Act (15 U.S.C. 8801 et seq.).
(c) Conforming Amendments.--The National Quantum Initiative
Act (15 U.S.C. 8801 et seq.) is further amended--
(1) in section 2, by striking paragraph (7) and inserting
the following new paragraphs:
``(7) Subcommittee on economic and security implications.--
The term `Subcommittee on Economic and Security Implications'
means the Subcommittee on the Economic and Security
Implications of Quantum Information Science established under
section 105(a).
``(8) Subcommittee on quantum information science.--The
term `Subcommittee on Quantum Information Science' means the
Subcommittee on Quantum Information Science of the National
Science and Technology Council established under section
103(a).'';
(2) in section 102(b)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``on Quantum Information Science;'';
(B) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(C) the Subcommittee on Economic and Security
Implications;''; and
(3) in section 104(d)(1), by striking `` and the
Subcommittee'' and inserting ``, the Subcommittee on Quantum
Information Science, and the Subcommittee on Economic and
Security Implications''.
(d) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 105 and inserting the following new items:
``105. Subcommittee on the Economic and Security Implications of
Quantum Information Science.
``106. Sunset.''.
SEC. 6607. STUDY AND REPORT ON THE REDISTRIBUTION OF COVID-19
VACCINE DOSES THAT WOULD OTHERWISE EXPIRE TO
FOREIGN COUNTRIES AND ECONOMIES.
(a) Study.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with the Secretary of State and the
Administrator of the United States Agency for International
Development, shall conduct a study to identify and analyze
the logistical prerequisites for the collection of unused and
unexpired doses of the COVID-19 vaccine in the United States
and for the distribution of such doses to foreign countries
and economies.
(2) Matters studied.--The matters studied by the Secretary
of Health and Human Services under paragraph (1) shall
include--
(A) options for the collection of unused and unexpired
doses of the COVID-19 vaccine from entities in the United
States;
(B) methods for the collection and shipment of such doses
to foreign countries and economies;
(C) methods for ensuring the appropriate storage and
handling of such doses during and following the distribution
and delivery of the doses to such countries and economies;
(D) the capacity and capability of foreign countries and
economies receiving such doses to distribute and administer
the doses while assuring their safety and quality;
(E) the minimum supply of doses of the COVID-19 vaccine
necessary to be retained within the United States; and
(F) other Federal agencies with which the heads of the
relevant agencies should coordinate to accomplish the tasks
described in subparagraphs (A) through (E) and the degree of
coordination necessary between such agencies.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Health
and Human Services, in consultation with the other heads of
the relevant agencies, shall submit to the appropriate
congressional committees a report on the results of the study
conducted under subsection (a).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Energy and Commerce, and the Committee
on Foreign Affairs of the House of Representatives.
(2) Relevant agencies.--The term ``relevant agencies''
means--
(A) the Department of Health and Human Services;
(B) the Department of State; and
(C) the United States Agency for International Development.
SEC. 6608. CATAWBA INDIAN NATION LANDS.
(a) Application of Current Law.--
(1) Lands in south carolina.--Section 14 of the Catawba
Indian Tribe of South Carolina Claims Settlement Act of 1993
(Public Law 103-116) shall only apply to gaming conducted by
the Catawba Indian Nation on lands located in South Carolina.
(2) Lands in states other than south carolina.--Gaming
conducted by the Catawba Indian Nation on lands located in
States other than South Carolina shall be subject to the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and
sections 1166 through 1168 of title 18, United States Code.
(b) Reaffirmation of Status and Actions.--
(1) Ratification of trust status.--The action taken by the
Secretary of the Interior on July 10, 2020, to place
approximately 17 acres of land located in Cleveland County,
North Carolina, into trust for the benefit of the Catawba
Indian Nation is hereby ratified and confirmed as if that
action had been taken under a Federal law specifically
authorizing or directing that action.
(2) Administration.--The land placed into trust for the
benefit of the Catawba Indian Nation by the Secretary on July
10, 2020, shall--
(A) be a part of the Catawba Reservation and administered
in accordance with the laws and regulations generally
applicable to land held in trust by the United States for an
Indian Tribe; and
(B) be deemed to have been acquired and taken into trust as
part of the restoration of lands for an Indian tribe that is
restored to Federal recognition pursuant to section
20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act (25
U.S.C. 2719(b)(1)(B)(iii)).
(3) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right or claim
of the Catawba Indian Nation to any land or interest in land
in existence before the date of the enactment of this Act;
(B) affect any water right of the Catawba Indian Nation in
existence before the date of the enactment of this Act;
(C) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before
the date of the enactment of this Act; or
(D) alter or diminish the right of the Catawba Indian
Nation to seek to have additional land taken into trust by
the United States for the benefit of the Catawba Indian
Nation.
SEC. 6609. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is
amended to read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for a
public purpose with no further obligation to the Government
if the Secretary decides--
[[Page H7215]]
``(i) the asset will remain in public use for at least 5
years after the date the asset is transferred;
``(ii) there is no purpose eligible for assistance under
this chapter for which the asset should be used;
``(iii) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors;
and
``(iv) through an appropriate screening or survey process,
that there is no interest in acquiring the asset for
Government use if the asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used for the
purpose of transit-oriented development with no further
obligation to the Government if the Secretary decides--
``(i) the asset is a necessary component of a proposed
transit-oriented development project;
``(ii) the transit-oriented development project will
increase transit ridership;
``(iii) at least 40 percent of the housing units offered in
the transit-oriented development, including housing units
owned by nongovernmental entities, are legally binding
affordability restricted to tenants with incomes at or below
60 percent of the area median income and owners with incomes
at or below 60 percent the area median income, which shall
include at least 20 percent of such housing units offered
restricted to tenants with incomes at or below 30 percent of
the area median income and owners with incomes at or below 30
percent the area median income;
``(iv) the asset will remain in use as described in this
section for at least 30 years after the date the asset is
transferred; and
``(v) with respect to a transfer to a third party entity--
``(I) a local government authority or nonprofit
organization is unable to receive the property;
``(II) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors;
and
``(III) the third party has demonstrated a satisfactory
history of construction or operating an affordable housing
development.''.
SEC. 6610. BLOCKING DEADLY FENTANYL IMPORTS.
(a) Short Title.--This section may be cited as the
``Blocking Deadly Fentanyl Imports Act''.
(b) Definitions.--Section 481(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291(e)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``in which'';
(B) in subparagraph (A), by inserting ``in which'' before
``1,000'';
(C) in subparagraph (B)--
(i) by inserting ``in which'' before ``1,000''; and
(ii) by striking ``or'' at the end;
(D) in subparagraph (C)--
(i) by inserting ``in which'' before ``5,000''; and
(ii) by inserting ``or'' after the semicolon; and
(E) by adding at the end the following:
``(D) that is a significant source of illicit synthetic
opioids significantly affecting the United States;''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(E) assistance that furthers the objectives set forth in
paragraphs (1) through (4) of section 664(b) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C.
2151n-2(b));
``(F) assistance to combat trafficking authorized under the
Victims of Trafficking and Violence Protection Act of 2000
(22 U.S.C. 7101 et seq.)); and
``(G) global health assistance authorized under sections
104 through 104C of the Foreign Assistance Act of 1961 (22
U.S.C. 2151b through 22 U.S.C. 2151b-4).''.
(c) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended by adding at the end the
following:
``(10) A separate section that contains the following:
``(A) An identification of the countries, to the extent
feasible, that are the most significant sources of illicit
fentanyl and fentanyl analogues significantly affecting the
United States during the preceding calendar year.
``(B) A description of the extent to which each country
identified pursuant to subparagraph (A) has cooperated with
the United States to prevent the articles or chemicals
described in subparagraph (A) from being exported from such
country to the United States.
``(C) A description of whether each country identified
pursuant to subparagraph (A) has adopted and utilizes
scheduling or other procedures for illicit drugs that are
similar in effect to the procedures authorized under title II
of the Controlled Substances Act (21 U.S.C. 811 et seq.) for
adding drugs and other substances to the controlled
substances schedules;
``(D) A description of whether each country identified
pursuant to subparagraph (A) is following steps to prosecute
individuals involved in the illicit manufacture or
distribution of controlled substance analogues (as defined in
section 102(32) of the Controlled Substances Act (21 U.S.C.
802(32)); and
``(E) A description of whether each country identified
pursuant to subparagraph (A) requires the registration of
tableting machines and encapsulating machines or other
measures similar in effect to the registration requirements
set forth in part 1310 of title 21, Code of Federal
Regulations, and has not made good faith efforts, in the
opinion of the Secretary, to improve regulation of tableting
machines and encapsulating machines.''.
(d) Withholding of Assistance.--
(1) Designation of illicit fentanyl countries without
scheduling procedures.--Section 706(2) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C.
2291j-1(2)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``also'';
(B) in subparagraph (A)(ii), by striking ``and'' at the
end;
(C) by redesignating subparagraph (B) as subparagraph (D);
(D) by inserting after subparagraph (A) the following:
``(B) designate each country, if any, identified under
section 489(a)(10) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(10)) that has failed to adopt and utilize
scheduling procedures for illicit drugs that are comparable
to the procedures authorized under title II of the Controlled
Substances Act (21 U.S.C. 811 et seq.) for adding drugs and
other substances to the controlled substances schedules;'';
and
(E) in subparagraph (D), as redesignated, by striking ``so
designated'' and inserting ``designated under subparagraph
(A), (B), or (C)''.
(2) Designation of illicit fentanyl countries without
ability to prosecute criminals for the manufacture or
distribution of fentanyl analogues.--Section 706(2) of the
Foreign Relations Authorization Act, Fiscal Year 2003 (22
U.S.C. 2291j-1(2)), as amended by paragraph (2), is further
amended by inserting after subparagraph (B) the following:
``(C) designate each country, if any, identified under
section 489(a)(10) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(10)) that has not taken significant steps to
prosecute individuals involved in the illicit manufacture or
distribution of controlled substance analogues (as defined in
section 102(32) of the Controlled Substances Act (21 U.S.C.
802(32));''.
(3) Limitation on assistance for designated countries.--
Section 706(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (22 U.S.C. 2291j-1(3)) is amended by
striking ``also designated under paragraph (2) in the
report'' and inserting ``designated in the report under
paragraph (2)(A) or thrice designated during a 5-year period
in the report under subparagraph (B) or (C) of paragraph
(2)''.
(4) Exceptions to the limitation on assistance.--Section
706(5) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (22 U.S.C. 2291j-1(5)) is amended--
(A) by redesignating subparagraph (C) as subparagraph (F);
(B) by inserting after subparagraph (B) the following:
``(C) Notwithstanding paragraph (3), assistance to promote
democracy (as described in section 481(e)(4)(E) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E)))
shall be provided to countries identified in a report under
paragraph (1) and designated under subparagraph (B) or (C) of
paragraph (2), to the extent such countries are otherwise
eligible for such assistance, regardless of whether the
President reports to the appropriate congressional committees
in accordance with such paragraph.
``(D) Notwithstanding paragraph (3), assistance to combat
trafficking (as described in section 481(e)(4)(F) of such
Act) shall be provided to countries identified in a report
under paragraph (1) and designated under subparagraph (B) or
(C) of paragraph (2), to the extent such countries are
otherwise eligible for such assistance, regardless of whether
the President reports to the appropriate congressional
committees in accordance with such paragraph.
``(E) Notwithstanding paragraph (3), global health
assistance (as described in section 481(e)(4)(G) of such Act)
shall be provided to countries identified in a report under
paragraph (1) and designated under subparagraph (B) or (C) of
paragraph (2), to the extent such countries are otherwise
eligible for such assistance, regardless of whether the
President reports to the appropriate congressional committees
in accordance with such paragraph''; and
(C) in subparagraph (F), as redesignated, by striking
``section clause (i) or (ii) of'' and inserting ``clause (i)
or (ii) of section''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
60 minutes, equally divided and controlled by the chair and ranking
minority member on the Committee on Armed Services or their respective
designees.
The gentleman from Washington (Mr. Smith) and the gentleman from
Alabama (Mr. Rogers) each will control 30 minutes.
The Chair recognizes the gentleman from Washington (Mr. Smith.)
General Leave
Mr. SMITH of Washington. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on S. 1605.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. SMITH of Washington. Madam Speaker, I yield myself 5 minutes.
Madam Speaker, first of all, I want to thank all the people involved
in this
[[Page H7216]]
process. Certainly, the staff of the Armed Services Committee, our
bipartisan staff, worked incredibly hard over the course of this year
to put the bill together, first to get it through our committee
process, off the floor and then in the negotiation process that has led
to this final bill.
I think it is an incredibly important process because it includes so
many people. Throughout the House, throughout the Senate, Members who
have concerns in a wide range of policy areas have the opportunity in
this bill to have those concerns heard and to try to address them
through legislation.
When you add it all up, of all the different proposals that have come
at us in the House and the Senate negotiating process, you are well
north of a thousand different ideas that have been sent our way, and
the staff sift through all of that, working with Members and their
staffs as well, to try to come up with the best solutions.
This is an unbelievably important process because it is
representative democracy. It is the way our system is supposed to work,
and this bill truly reflects that. It is a bipartisan, bicameral
product that took into account every single opinion that it could, and
I think we have produced an outstanding product.
The number one thing that I want to make sure that people are aware
of is how important the Armed Services Committee's job of exercising
oversight of the Department of Defense is and how important our job of
making sure that the men and women who serve our country have
everything they need to carry out the missions that we ask them to do.
That is what our committee does. A whole lot of other issues get
involved, but at its core, that is what we are focused on. In this bill
there are hundreds of provisions to help make sure that gets done and
gets done well.
One of the major challenges our military faces right now is dealing
with the rapid pace of technology. It is getting the Pentagon to better
and more quickly adapt the innovative technologies that we need to meet
our national security threats, and those threats are very real, as we
are learning right now in real time, with what is going on between
Russia and Ukraine, as we learn every day as we deal with an
expansionist China, as we try to deal with Iran and North Korea and
transnational terrorist groups. Those threats are real. Technology and
innovation are crucial to meeting those threats, but we are moving too
slowly at this point.
There was a commission on artificial intelligence run by Eric Schmidt
and Bob Work that put a whole series of recommendations together. Jim
Langevin's subcommittee worked on that. A number of proposals are in
this bill to help them do a better job of handling that issue.
We had a task force last year on supply chain concerns, which we have
heard so much about. A number of key provisions from that task force
are in this bill. That is what we do.
Now, there are a lot of other issues, and it seems like when we get
down to the end, we are always talking about the things we disagree
about, which makes a certain amount of sense because, you know, you get
through the stuff you can agree on, then you get down to the tougher
stuff, and then you get down to the really tough stuff.
But when we get down to that really tough stuff, I really hope that
people don't lose track of how important this piece of legislation is
with the day in and day out work we do to support the national security
and national defense of this country and to support the people who we
ask to perform those tasks.
This is an outstanding bill that needs to get passed.
Now, it also happens that it is one of the few bills that
consistently passes every year. Well, actually, it is the only bill
that consistently gets passed every year, so we have a lot of issues
from outside committees.
I forget how many hundreds of proposals we had, but at the end of the
day, the hundred-plus proposals that were in this bill we got 40
percent of them included in the final product, and we are happy to do
that because it helps advance important issues in a wide variety of
other areas. We can't carry them all because you have got to get
bipartisan, bicameral agreement. So those of you who didn't get what
you wanted out of this, please look at what is in the bill and how
important it is.
And the single most important thing in this bill, in my view, is we
finally reformed our Uniform Code of Military Justice for how it deals
with sexual assault. A stain on the military to this day is the fact
that we have not adequately dealt with and protected the servicemembers
who have faced sexual crimes in the military.
This is the most transformational change that we have done on that
issue. We take all sex crimes away from the commander, and we create a
Special Victims Prosecutor who will have the expertise, the commitment,
and the focus to adequately decide what crimes should be charged and to
prosecute those crimes effectively.
Now, a lot of people have worked on this. Nobody has done more than
Jackie Speier. Jackie is responsible for getting this done and getting
it to this point. Of all those people who worked on it, there were a
lot of differences of opinion about how exactly to do it. And I know
some folks think it should have been done slightly differently here,
slightly differently there. This is the agreement that we can get done
and get passed, and it is transformational in what it does.
It is also, I believe, crucial to dealing with one of the other major
issues that we face in the military, and that is diversity.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SMITH of Washington. Madam Speaker, I yield myself an additional
1 minute.
The diversity problem that we have with recruitment, promotion, and
how is the UCMJ carried out with regard to people of color. This bill
will give us the opportunity to set up a whole set of crimes that are
under a new authority to take a shot at fixing that problem.
Now, I know some would like to add more crimes to that, and we had
that debate. This is what we came up with, and it is huge. It is the
biggest change we have had in a long time. It is worthy of our support.
The entire bill is worthy of our support.
The last thing I want to say is, I want to specifically thank Mr.
Rogers of Alabama, the ranking member on this committee. The
bipartisan, bicameral work that we do would not be possible without
leadership on both sides. I could not ask for a better partner. His
staff has been outstanding, as well as we have worked to get this
product.
I highly recommend this bill. Madam Speaker, I urge everyone to vote
in favor of this bill, and I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I yield myself such time as I
may consume.
I rise in strong support of the Fiscal Year 2022 National Defense
Authorization Act. And I want to start off by saying Chairman Smith has
been a real leader on this effort. He has had obstacle after obstacle
thrown in his way for months and has continued to be a real advocate
for the legislation, but also trying to make sure we get in a good
place. And I couldn't ask for a better partner to lead this committee
with.
The bill before us has strong bipartisan, bicameral support.
Over the last year, we have seen the best of our soldiers, sailors,
marines, airmen, and guardians. They have performed in the toughest
environments with the greatest level of skill and professionalism. Many
gave their lives so others would have a chance at a better life.
Without a doubt, our military is the greatest force for good the
world has ever seen. Providing the authorities and resources our
servicemembers need to defend our Nation and defeat adversaries is the
greatest responsibility we have here in Congress.
We accomplish that responsibility with the bill before us today. It
provides an additional $25 billion over the President's request,
reversing irresponsible cuts to procurement and readiness.
This bill ensures our warfighters are the best equipped and trained
in the world. It puts our servicemembers first, providing a 2.7 percent
pay raise and expanding benefits to their families.
It puts American workers first with historic investments in our
industrial base.
It also begins divesting in legacy systems that will not help us
deter future
[[Page H7217]]
threats. Instead, it invests in new technologies like artificial
intelligence, hypersonics, and quantum computing that will help us stay
ahead of our adversaries. That is important because Russia and China
are rapidly modernizing their militaries.
China is outpacing us with advancements in emerging technologies and
weapons systems. In recent years, we have seen China use its military
to push out its borders, threaten our allies, and gain footholds on new
continents.
This bill is laser focused on preparing our military to prevail in a
conflict with China. It makes critical investments in new systems
capable of surviving in contested environments. It includes provisions
that will remove China from our defense supply chain. And it reaffirms
our support to allies in the region, especially Taiwan.
In Eastern Europe, Russia is on the march again. Putin is threatening
NATO allies and amassing an invasion force on the Ukrainian border.
This bill makes historic investments in the European Defense
Initiative and provides $300 million for Ukraine, $75 million of which
is lethal aid.
Threats from near-peer rivals like China and Russia are not the only
ones we face. Terrorists continue to plot to destroy our way of life,
so we must continue to take the fight to them. With strong investments
in new capabilities and readiness, this bill enables our warfighters to
do just that.
Finally, I think we were all horrified by the disastrous withdrawal
from Afghanistan. This bill includes important provisions to provide
accountability and ensure that we honor the 2,500 Americans who gave
their lives in Afghanistan to keep our Nation safe.
Again, Madam Speaker, this is a carefully drafted bipartisan,
bicameral agreement. I urge all Members to support our servicemembers
and their families by voting in favor of this bill. I reserve the
balance of my time.
{time} 2015
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from California (Mr. Garamendi), the distinguished chairman
of the Subcommittee on Readiness.
Mr. GARAMENDI. Madam Speaker, the FY22 National Defense Authorization
Act is a bipartisan project of enormous work both by members and staff.
As always, I start by thanking Chairman Smith and Ranking Member Rogers
and the House Committee on Armed Services' staff that worked long hours
and many, many nights putting this year's NDAA together.
I also thank the Subcommittee on Readiness Ranking Member Lamborn,
for his partnership on the subcommittee, as well as all the members of
the subcommittee who contributed to the base bill or submitted
amendments in the process.
In addition, I thank the committee's staff for their many hours of
work in preparing this mark or this legislation. In particular, the
staff of the Subcommittee on Readiness: Jeanine Womble, Ian Bennitt,
Melanie Harris, David Sienicki, Jay Vallario, Wendell White, Whitney
Verrett, and Naajidah Khan.
I am particularly proud of the many priority issues for the
Subcommittee on Readiness that are reflected in this final bill.
Of note, this bill represents a continuation of the work to address
the vulnerabilities of installations, as well as energy resiliency and
response to climate change. We also are prioritizing efforts to address
the contested logistics involving near-peer competitors.
This bill strengthens the operation energy program by requiring the
Department of Defense to create a working group to enhance integration
of military department energy initiatives into operational planning and
platform development to combat the many challenges associated with
contested and congested logistics.
It also represents a step forward in our work to ensure the safety of
our military and civilian personnel is a top priority for the
Department. The FY22 NDAA establishes the Joint Safety Council and
requires the Department of Defense to develop a plan.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SMITH of Washington. Madam Speaker, I yield the gentleman an
additional 15 seconds.
Mr. GARAMENDI. The bill also takes important steps to improve the
quality of family life dealing with housing and child development
centers. Notably, $517 million in this bill for PFAS in an effort to
increase transparency and provide information. Finally, the bill takes
key steps to control the cost of expensive programs.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Ohio (Mr. Turner), who is not only the ranking member on
Strategic Forces Subcommittee, but has spent years leading the effort
for us to get to meaningful ways to deal with sexual assault in the
military, which this bill does.
Mr. TURNER. Madam Speaker, I thank the ranking member for yielding.
Madam Speaker, I rise in support of the Fiscal Year 2022 National
Defense Authorization Act. I thank Chairman Smith, Ranking Member
Rogers, and, of course, chairman of the Strategic Forces Subcommittee,
Jim Cooper, for once again delivering a National Defense Authorization
Act in a bipartisan manner.
This is, as the chairman was saying, the one time a year that we all
come together, and that is counter to the narrative you see in
Washington, that this truly is a bipartisan product. I thank the
committee staff for continuing that culture.
Madam Speaker, DOD leaders have made it clear that we must do more to
deter adversaries. I am confident that this bill will do that in
countering both Russia and China. As the ranking member of the
Strategic Forces Subcommittee, I am particularly proud of the progress
this bill makes on the issues of nuclear modernization missile defense
in space.
Specifically, the bill fully funds our triad modernization program,
to include the Ground Based Strategic Deterrent, the Long-Range
Standoff Weapon, the B83 gravity bomb life extension, and the two-site
solution for plutonium pit production in Los Alamos and the Savannah
River Site.
The bill prohibits the retirement or reconversion of the W76-2 low-
yield warhead; requires the integration of the LRSO air-launched cruise
missile with the B-21 bomber; and creates a floor of 400 U.S. ICBMs.
On missile defense, it fully funds the Next Generation Interceptor
and supports ensuring our homeland missile defense outpaces the North
Korean ICBM threat. It also funds Guam and additional THAAD
interceptors.
On Space, we continue to push for declassification of programs that
will help us counter China and Russia.
Madam Speaker, I thank the ranking member for his comments and the
chairman for the work in this bill that is done to try to deter and
prevent sexual assault.
Madam Speaker, this NDAA bolsters our national security. It improves
the lives of our servicemembers, and will help us counter the threats
of China and Russia.
Mr. SMITH of Washington. Madam Speaker, I yield 2\1/2\ minutes to the
gentleman from Connecticut (Mr. Courtney), chairman of the Seapower and
Projection Forces Subcommittee.
Mr. COURTNEY. Madam Speaker, I rise in strong support of the 2022
National Defense Authorization Act, which is before us this evening.
As chair of the Seapower and Projection Forces Subcommittee, this
bill is proof that our panel upheld its duty under Article 1, Section 8
``to provide and maintain a Navy.''
Our bill authorizes 13 new ships, continuing our tradition to
independently scrub the budget and augment our Navy fleet responsibly.
Within that total, we authorize three destroyers and two additional
Fast Transport ships to support the rapid deployment of equipment and
personnel.
The agreement also reflects our panel's ongoing efforts to
recapitalize our aging sealift. The bill fully authorizes the new
sealift Tanker Security Program, an initiative our panel started last
year to meet gaps in our at-sea refueling capabilities.
It also authorizes the fifth National Security Multi-Mission Vessel,
another initiative our subcommittee led to boost maritime training and
sealift capacity. Later this week, the historic Philly Shipyard will
lay keel for the first in a series of NSMVs, which is tangible proof
that our Nation can rebuild its decrepit sealift fleet with our
[[Page H7218]]
domestic shipbuilding industrial base. To that end, this agreement
rejects a request to further our reliance on used foreign-built sealift
ships.
Madam Speaker, of particular note, is the mark on undersea
capabilities, which at the end of the day is the most effective path to
deter the pacing threat of China. For proof of this, look no further
than AUKUS, the recent security agreement between the U.S., U.K., and
Australia, whose centerpiece is building a new fleet of Aussie nuclear-
powered submarines. This NDAA funds two per year Virginia-class subs
and full production of the Columbia program. It also includes House
provisions of $200 million for a new facility, $130 million for
supplier development, and $20 million for workforce development.
Altogether, this will increase production capacity to help both our
allies and our Navy to maintain dominance in the undersea domain.
Madam Speaker, I thank Ranking Member Rob Wittman and all the
members on the subcommittee for their great bipartisan work building
the NDAA this year, as well as Chairman Smith and Ranking Member
Rogers.
I also thank Phil McNaughton, Dave Sienicki, and Kelly Goggin for
their great staff work, and Lieutenant Commander Matt Harmon, my Navy
fellow, who is sadly leaving us soon. His really solid contribution as
a SWO really was instrumental in terms of the work that our
subcommittee was able to produce.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Virginia (Mr. Wittman).
Mr. WITTMAN. Madam Speaker, I thank Mr. Rogers for yielding.
Madam Speaker, our national security is in jeopardy. Russia literally
has over 100,000 troops sitting on Ukraine's doorstep. Iran continues
to threaten the viability of Israel and other regional nations, and
China is preparing to bully the ASEAN nations into submission and
declare their regional hegemony, not just in Hong Kong but the entire
region.
Just this year, China surpassed the United States in battle force
ships and is rapidly approaching parity in our combat aircraft.
Do we have the courage to stand up to these regional tyrants; do we
oppose an Iranian regime who threatens to destabilize neighboring
countries while they seek nuclear capabilities; or even do we seek to
appease a North Korea who continues to threaten South Korea and even
the United States with their nuclear expansion?
Our Nation sits at the precipice of a national security inflection
point. I know which path our Nation should select and I am emboldened
to ensure our Nation is prepared to choose, at a time of our choosing,
what will be in the best interest of our Nation. A strong national
defense is necessary to preserve our democratic ideals and the nations
who seek to live free from subjugation and oppression.
Madam Speaker, that is why I am particularly pleased that we have
rejected a multitude of national security objectives proposed by the
Biden administration. This bill authorizes a 20 percent increase in
ship construction, partially rejects an ill-advised ``divest to
invest'' strategy, and blocks a multitude of poison pills that were
haphazardly tacked on to this bill.
I thank Ranking Member Rogers and his leadership during the top-line
debate this year. We are adopting his authorization vision today, a
vision that ensures real growth for defense. I also particularly thank
Chairman Smith and Chairman Courtney for their approach to national
security and their desire to reach a bipartisan consensus, doing what
is in the best interest of our Nation.
Madam Speaker, I say to my friends that this is a good bill, worthy
of support. It sends a strong message to our democratic partners and
allies that the United States stands with countries that oppose
regional hegemony. We need to pass the National Defense Authorization
Act to ensure our national security.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from Rhode Island (Mr. Langevin), chair of the Subcommittee
on Cyber, Innovative Technologies, and Information Systems.
Mr. LANGEVIN. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, I rise today in strong support of the National Defense
Authorization Act. I begin by congratulating and thanking Chairman
Smith and Ranking Member Rogers, as well as my counterparts on the CITI
Subcommittee, Ranking Member Banks and former Ranking Member Stefanik
for their bipartisan collaboration in helping to craft a national
defense bill for the 61st consecutive year.
Thanks to the work of my subcommittee, this legislation includes a
significant increase in early-stage research. Our research enterprise
has always ensured our technology superiority. It is how we won the
space race. Today, as the battlefield expands into cyberspace and outer
space, we find ourselves facing a more aggressive Russia and China. I
am proud that Congress has unlocked funds for hypersonics defense,
directed energy, quantum computing, machine learning, and biotechnology
so that we never send our war fighters into a fair fight.
Madam Speaker, I am most proud that this bill includes many
recommendations from the National Security Commission on Artificial
Intelligence, including funds to accelerate the deployment of new
technology to the war fighter. I am also proud that in our first year
as a subcommittee, the Subcommittee on Cyber, Innovative Technologies,
and Information Systems, we have made significant investments in our
cybersecurity forces, set a course for improved cybersecurity
governance within the Department, and continue to strengthen the
Department of Homeland Security's Cybersecurity and Infrastructure
Security Agency.
The NDAA also fully funds key national security platforms, the
Virginia-class and Columbia-class submarine programs. I thank the Rhode
Islanders who build our Nation's submarines and make our country safer.
Finally, this bill funds installation resilience projects to address
the ongoing threat from climate change.
These achievements would not have been possible without the work of
my subcommittee staff and personal staff.
I thank Michael Hermann, Josh Stiefel, Troy Nienberg, Payson Ruhl,
Caroline Goodson, and Juliann Hitt, and former staffers Bess Dopkeen
and Caroline Kehrli.
Madam Speaker, I urge all of my colleagues to support this bipartisan
commitment to national security.
Mr. ROGERS of Alabama. Madam Speaker, I yield 1 minute to the
gentleman from Texas (Mr. Jackson), an outstanding freshman member of
our committee.
Mr. JACKSON. Madam Speaker, I rise in support of a critical piece of
legislation that comes before Congress each year, the National Defense
Authorization Act. First, I thank Ranking Member Rogers and his staff
for their outstanding leadership in this effort.
This bill modernizes our force, gives a well-deserved raise to our
servicemembers, and provides them with the equipment they need to
compete with China, Russia, and Iran.
For the 13th District of Texas, this bill will protect the nuclear
triad, it will modernize the Pantex Plant in Amarillo, and it will
support training done at Sheppard Air Force Base in Wichita Falls. It
also included provisions that I authored to put servicemembers first
and ensure the safety of all of our soldiers, sailors, airmen, marines,
and guardians.
This NDAA also pushes back on the unconstitutional vaccine mandate,
and it holds the Biden administration accountable for its failed
Afghanistan withdrawal.
Just as important, there are some notable provisions that are not
included. This bill does not contain harmful provisions that threaten
the Second Amendment and it does not require our daughters to register
for the draft.
Bottom line: This bill is a win for the military, it is a win for the
Texas 13th Congressional District, and it is a win for this country.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Norcross), chair of the Tactical Air and
Land Force Subcommittee.
Mr. NORCROSS. Madam Speaker, I thank Chairman Smith and Ranking
Member Rogers for their leadership in bringing this bill to the floor.
This is our opportunity to pass the Defense Authorization Act for the
61st straight year. That is important.
[[Page H7219]]
Madam Speaker, this bill continues the Tactical Air and Land Forces
Subcommittee's long tradition of bipartisan work to make America's
Armed Forces continue to be the best in the world.
I commend the hard work by our members, certainly our staff, and
everyone else in this rather unusual, complicated, and demanding year.
{time} 2030
I especially want to thank Ranking Member Hartzler for her leadership
and commitment to this bill. Our bipartisan cooperation in the House,
once again, paid dividends in delivering a defense bill that meets the
modernization and readiness needs of our Nation's air and land forces.
Madam Speaker, this bill carefully manages our military resources
while increasing our congressional oversight of DOD's large, complex,
and expensive programs. Certainly, this is something that demands our
attention and it certainly has.
This billing includes significant compromises, many of which I
personally do not agree with. This is a good bill, and it furthers
America's national security needs.
Madam Speaker, I urge everyone to support this bill.
Mr. ROGERS of Alabama. Madam Speaker, I yield 1 minute to the
gentleman from Arkansas (Mr. Crawford).
Mr. CRAWFORD. Madam Speaker, I thank the gentleman from Alabama for
his leadership.
Madam Speaker, I rise today in support of the 2022 NDAA. This process
began months ago. A bill was introduced, Members offered amendments,
debated accordingly, and reached bicameral consensus.
However, as Members arrived in Washington this afternoon, they
realized they only had about 8 hours to review and vote on a 2,100-page
document to secure our national defense--a surprising and frustrating
process that has become all too familiar with House Democrats and the
majority.
While I will always support our men and women in uniform, I am
concerned that not all these men and women, specifically those who
serve in the Army as explosive ordnance disposal technicians, as I once
did, are adequately equipped to defend our Nation by this year's
version of NDAA. I will continue to work hard to achieve this purpose
going forward.
I am voting in favor of the legislation because of the critical
funding it provides for our national defense, pay raises for our
servicemen and -women, provisions to hold the Biden administration
accountable on its irresponsible withdraw from Afghanistan, and serious
steps to assess the involvement of the Chinese Communist Party in the
origins of COVID-19 as well as their unacceptable and increasingly
aggressive behavior around the world.
I sincerely hope that next year we have more time to absorb the final
provisions of the NDAA to make sure that all of our troops feel
confident they have the full support of Congress.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from Arizona (Mr. Gallego), the chair of the Intelligence and
Special Operations Subcommittee.
Mr. GALLEGO. Madam Speaker, I rise today in support of S. 1605, the
National Defense Authorization Act for Fiscal Year 2022.
I am proud that we in the House and Senate have completed our work on
this defense bill and reached bipartisan consensus in support of our
national security and our men and women in uniform.
This year's bill contains multiple provisions to address strategic
challenges presented by China and Russia, to strengthen our ability to
operate in the grey zone of conflict, and to deepen relationships with
key allies and partners.
As chair of the Intelligence and Special Operations Subcommittee, I
am proud of the provisions of this bill that represent critical reforms
to the defense intelligence enterprise, Special Operations Forces, and
our ability to counter weapons of mass destruction.
Our bill creates more agility across the defense intelligence
enterprise by expanding information sharing with allies and partners
and breaking down barriers to information sharing. This enhances our
warfighters' and combatant commanders' ability to counter China and
Russia in the information environment.
The bill authorizes investments in emergent technologies for
intelligence systems, including increasing funding for Project Maven,
military information support operations, and the continued use of Small
Business Innovation Research to develop AI-enabled data storage system
solutions.
Our bill authorizes a $105 million increase to the Cooperative Threat
Reduction Program, which will enhance our efforts to detect and fight
emergent chemical and biological threats and develop medical
countermeasures such as vaccines and therapeutics.
It also establishes an office and organizational structure and
provides authorities to address unidentified aerial phenomena.
Finally, the bill strengthens alliances and partnerships with key
countries in the Indo-Pacific, like South Korea and Taiwan, and in
Europe. I am particularly proud that for the first time this bill
recognizes the Baltic Security Initiative, which will provide robust
support to Estonia, Latvia, and Lithuania, and further strengthen
deterrence in the region at a time of heightened tensions.
I want to thank my subcommittee ranking member, Trent Kelly, for his
contribution. I also want to thank the staff, Shannon Green, Jessica
Carroll, Zachary Taylor, and Patrick Nevins, as well as my MLA,
Michelle, for their tireless efforts.
Madam Speaker, in addition to meeting the most pressing security
challenges we face as a Nation today, this bill supports our
servicemembers with a 2.7 percent pay raise, implements landmark UCMJ
reforms, and combats extremism in the military.
It is a good bill and I urge my colleagues to support it.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Gallagher), the ranking member of the
Military Personnel Subcommittee.
Mr. GALLAGHER. Madam Speaker, I stand before you today in strong
support of the National Defense Authorization Act for Fiscal Year 2022.
This year's NDAA includes a top-line budget that restores funding for
shipbuilding, procurement, missile defense, and a number of other
priorities that will help ensure the national defense of our great
Nation.
The NDAA continues to support and improve the lives of those who
sacrifice for our country on a daily basis by authorizing a military
basic pay raise of 2.7 percent. The bill reinforces the committee's
longstanding commitment to the military family by requiring DOD to
increase parental leave, expand the in-home childcare pilot program, it
improves support available to military families with special needs
children, and provides comprehensive reform of DOD's family violence
prevention and response program.
It also requires the Department to standardize the definition of
professional military education across the joint force. It requires DOD
to report to Congress on the number of military personnel infected with
COVID-19 at the 2019 World Military Games in Wuhan, China. It increases
funding for COVID-19 vaccine research, while providing $35 million for
research and treatment of Havana syndrome.
Madam Speaker, this is an outstanding NDAA. I want to thank the
chairman and ranking member for their tireless efforts in working
together to preserve the bipartisan spirit of this committee. I also
want to thank the chairwoman of the Military Personnel Subcommittee
that I work with, Ms. Speier.
Madam Speaker, this is a bill we can all be proud of.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentlewoman from California (Ms. Speier), the chair of the Military
Personnel Subcommittee.
Ms. SPEIER. Madam Speaker, I thank our outstanding chairman.
Madam Speaker, this helmet has been on my shelf in my office for 9
years. It has the signatures of 58 military servicemembers who have
been sexually assaulted. It was a daily reminder to me that we had so
much work to do.
The clarion call of them, and so many others, hundreds of thousands
of other servicemembers who have been sexually assaulted in the
military has
[[Page H7220]]
finally been heard. We cannot erase their anguish, their pain, their
abuse, their scarring, but we can, through this NDAA, change it for
future servicemembers.
Make no mistake, Madam Speaker, this is a seismic reform of the
military justice system as it relates to sexual assault, as it relates
to murder, as it relates to kidnapping. It is, in fact, creating a
separate, distinct office which will be populated by those who are
professional lawyers skilled in sexual assault, and investigators who
will do the investigations. They will make the decisions as to whether
or not these cases move forward.
Beyond that, we make a crime of sexual harassment. We don't go far
enough because, unfortunately, it is still in the chain of command.
Mind you, 100,000 servicemembers are sexually harassed every year.
Sexual harassment begets sexual assault. We have more work to do there.
Beyond that, in this particular measure we have a 2.7 percent
increase for our servicemembers. We also provide up to 12 weeks of
parental leave. Our version had a required opportunity for 12 weeks,
but that was changed, and, hopefully, we will move on that in the
future. We are improving childcare centers that are failing.
We have required an independent review commission to look at suicides
within the military.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SMITH of Washington. Madam Speaker, I yield an additional 30
seconds to the gentlewoman from California.
Ms. SPEIER. Madam Speaker, we have now required racial and gender
data collection for NJP. We also are providing better access to mental
health.
In the end, when servicemembers serve so do their families. This bill
delivers on our commitment to them and to the military families. It
also honors the memory of Specialist Guillen and others like her who
have been killed, as well as the tens of thousands of survivors living
with the scars of sexual assault.
Madam Speaker, I thank Josh Connolly, my chief of staff; Brian
Collins; Chuck Jackson, my fellow. I also thank the committee staff,
Ilka Regino, Hannah Kaufman, Dave Giachetti, Ranking Member Mike
Gallagher, and a special thanks to Chairman Adam Smith, who has worked
so closely with me in making sure we got to this point.
Mr. ROGERS of Alabama. Madam Speaker, I yield 1 minute to the
gentleman from California (Mr. Garcia).
Mr. GARCIA of California. Madam Speaker, I want to commend both sides
of the aisle for a rather strong National Defense Authorization Act and
commend the gentleman from Alabama (Mr. Rogers) for his revisions.
Madam Speaker, it is a good top-line NDAA, it makes the strategic and
tactical level investments necessary to catch up and keep pace with
China. A lot of this technology that we are investing in is developed,
built, and tested in my district, the 25th Congressional District.
This removes red flag provisions. It allows for those who don't want
to get vaccinated to be separated from the service with an honorable
discharge.
Clearly, I support this bill and it is an excellent NDAA. I do think
we need to do better when it comes to our troops' base pay. Some may
tout the 2.7 percent pay increase. I see it as anemic, frankly, and it
is actually aggravating the pay gap between military servicemembers and
their civilian counterparts.
With record inflation, our troops, especially the junior enlisted,
continue to be hammered financially. If we want to deter threats and
win wars in the modern battlefield, which we have to, we need to
attract and retain more talent.
If we want to end things like conscription, and we should, we need to
better incentivize our enlisted ranks to join and stay in. I urge
support.
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 1 minute to the
gentleman from Texas (Mr. Fallon).
Mr. FALLON. Madam Speaker, I want to take a minute to thank Ranking
Member Rogers for his tremendous leadership.
Madam Speaker, I rise today in strong support of the 2022 National
Defense Authorization Act. Not only does this bill authorize the
necessary investments to maintain our global competitiveness in the
face of increasing Chinese and Russian aggression, but it takes
critical steps to protect our men and women in uniform.
In particular, this bill authorizes almost $200 million in lifesaving
technology to prevent Humvee rollovers. I am honored to represent Red
River Army Depot where a significant portion of this work will be done.
The investment will save the American taxpayers $12.8 billion
compared to the Army's original plan, and it will save countless lives.
Madam Speaker, I thank the ranking member and all of our colleagues
on the Armed Services Committee for their work on this, and I urge
final passage of this bill.
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 1 minute to the
gentlewoman from Florida (Mrs. Cammack).
Mrs. CAMMACK. Madam Speaker, I thank the ranking member of the Armed
Services Committee and all of my colleagues for bringing us to this
point here today.
Madam Speaker, I rise in support of the National Defense
Authorization Act for Fiscal Year 2022. I want to sincerely thank every
single member who worked in a productive, constructive, and helpful
manner to get us to this finish line.
Funding our military, taking care of our troops, and providing for
the common defense is, in fact, our duty. Promises made, promises kept.
We did what we said we were going to do. No dishonorable discharges for
servicemembers who refuse the vaccine, and it is retroactive. No
unconstitutional red flag laws. We killed and buried the dangerous
office of domestic extremism.
This bill counters China, gets them out of our supply chain, and
holds this administration accountable on Afghanistan. This bill is a
win for our military, our communities, our national guard, for our
country.
It is time to stop talking about getting Americans out of
Afghanistan. It is time to stop talking about securing the border. It
is time to stop talking about holding China accountable. It is time for
action. This bill does all that and more.
Madam Speaker, I urge my colleagues to vote ``yes.''
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Colorado (Mr. Lamborn).
Mr. LAMBORN. Madam Speaker, I rise in support of S. 1605, the Fiscal
Year 2022 National Defense Authorization Act. I commend our chairman
and ranking member for negotiating a strong bipartisan bill, which
provides our troops with the resources they need to accomplish the
missions they are given.
I thank my partner and chairman on the Readiness Subcommittee, John
Garamendi, for his leadership and hard work in crafting legislation
that we can all support. I thank my committee staff, Ian Bennitt, Dave
Sienicki, Whitney Verett, and Kyle Noyes, and my Space Force Fellow--
first time in congressional history--Chris Brown, for all of their
exemplary professionalism.
{time} 2045
This legislation could not come at a more opportune time. As we
speak, Russia is amassing troops on the border of Ukraine, and China
continues to rapidly modernize their strategic capabilities, including
hypersonic drive vehicles, with their eyes on Taiwan.
This legislation is not perfect, but what it does do is ramp up
procurement of vital weapons systems, support our combatant commands,
restore spending to essential readiness accounts, and continue
modernizing our strategic capabilities in the space and nuclear
domains.
Importantly, it also provides some protections, partly through my
amendment, for those troops who do not take the COVID-19 vaccine and
requires DOD to consider natural immunity as part of their exemption
policy. We also removed troubling red-flag language and the requirement
for women to register for Selective Service.
[[Page H7221]]
Madam Speaker, this is a good bill. I am happy to support this
legislation, and I urge my colleagues to vote ``yes.''
Mr. SMITH of Washington. Madam Speaker, I am prepared to close at
this point if the gentleman is.
Mr. ROGERS of Alabama. Madam Speaker, I yield myself the balance of
my time.
Madam Speaker, I want to again thank Chairman Smith, Chairman Reed,
Ranking Member Inhofe, and all the members of HASC and SASC for their
tremendous work this year. I also want to thank our committee staff on
both sides of the aisle, as well as staff from leadership, legislative
counsel, and CBO, for their hard work and dedication. Enormous numbers
of hours were put into this endeavor over the course of this year, and
I can't overstate how much I appreciate the staff work.
Finally, Madam Speaker, today is the day we honor the brave 3,500
American servicemembers killed or wounded in Pearl Harbor. On that day
and again on September 11, our Nation came together and vowed to defend
our homeland and protect our freedom from all enemies. Each year,
Congress comes together in an effort to fulfill that vow by passing the
National Defense Authorization Act.
Madam Speaker, I urge all Members to do that again this year and pass
the NDAA, and I yield back the balance of my time.
Mr. SMITH of Washington. Madam Speaker, I yield myself the balance of
my time.
Madam Speaker, I want to begin at an odd place. I don't want to
discourage people from voting for this bill, but on the vaccine mandate
issue, I want to make very clear that I heard a lot of things that were
supposed to be done in this bill; none of that was done in the bill. We
don't have anything in the bill which tells the military what they can
or cannot do in terms of punishing people for refusing to meet the
vaccine mandate, as a starting point. We certainly don't have anything
in the bill that says natural immunity can count.
We do have language in the bill that says that the military should
take a look at how the vaccine mandate could be--sorry. It is not in
the bill; it is in bill language, which is a different thing. It says
you can look at how the vaccine mandate is affecting recruitment and
retention, and that is fine.
But all that other stuff, Madam Speaker, for those of you who are
listening and thinking I may have lost my mind, I have not. We did not
support that and did not do that.
That minor point aside, this is an outstanding piece of legislation
that is truly bipartisan. There are a lot of small, little things here
and there. But, again, the big picture is everything we do in this bill
and everything that you heard, Madam Speaker, from primarily the chairs
and ranking members of our subcommittee, an exhaustive list of all the
provisions that are so important in making sure that we meet our
obligations on national security, defense, and supporting the men and
women who serve. It is a ton of work to figure out those policies, and
it has never been, in my view, more important during my time in
Congress.
As we have heard, we have these threats that are out there. They are
real and as complex as they have ever been. Then also, we have the
rapid pace of technology and innovation that is changing what is
necessary to provide adequate deterrence and to provide adequate
defense on a minute-to-minute basis.
The most crucial thing in our ability to meet our national security
objectives is: How quickly are we going to innovate? How quickly are we
going to adapt?
We are not innovating and adapting quickly enough right now, and
there are a whole bunch of provisions in this bill to help push the
Pentagon in the correct direction, to help make sure we give them the
help they need or, in some cases, the push they need to adopt the
technology that is going to move us in a better direction.
We also have a lot in this bill to help improve competition and to
deal with some of the very painful cost overruns that we have seen on
programs like the KC-46 tanker, programs like the F-35, and a whole
series of other issues.
We introduce competition, and we introduce ways to make sure that we
take advantage of technology because every time I see a cost overrun--
and the Speaker is uniquely positioned to understand this. Again, we
have these terrible cost overruns we hear about, and we always hear:
Oh, well, it is a software problem.
Well, yes, it is like a multibillion-dollar software problem. So why
don't we fix those software problems and save us a lot of money?
This bill pushes us more in the direction of getting after those
problems than any bill that I have worked on. It is an incredibly
important piece of legislation that moves us forward in a positive
direction.
Yes, we are also able to carry a few issues that were not in our
jurisdiction. In fact, Madam Speaker, with the permission of everyone,
the chair of the Foreign Affairs Committee has arrived and was going to
speak.
Madam Speaker, if I could yield to him just 1 minute or 2 to talk
about the Committee on Foreign Affairs because the committee
reauthorized a provision that is contained in this bill as well. I want
to make sure the distinguished chairman of the Foreign Affairs
Committee has at least a couple of minutes.
Madam Speaker, I yield 2 minutes of my remaining time to the
gentleman from New York (Mr. Meeks) to talk about the Foreign Affairs
provision, and then I will close when he is done.
Mr. MEEKS. Madam Speaker, I want to thank the distinguished chair of
the House Armed Services Committee for all of his hard work in putting
together, as he was just closing, what I think is a bill that is one of
the best--a lot of hard work that he has done. I thank the ranking
member also.
Madam Speaker, I rise today to speak in favor of passing this measure
here before us today.
Every year for the past six decades, Congress has passed a Defense
authorization bill. This is an important bipartisan tradition, and I
commend, as I said, Chairman Smith for his admirable work carrying out
this legacy.
Unfortunately, Congress has been asleep at the wheel when it comes to
our State Department. We have not passed a comprehensive State
Department authorization in nearly two decades. Congress has been
attuned to defense for decades, but we have consistently left diplomacy
out to dry.
I am glad that tonight we will be ending this trend by passing out
both a Defense authorization bill and a bipartisan State authorization
bill contained therein. We need a State Department for the century
ahead, not decades past, and my State authorization bill will now put
us on that track.
Now, no bill is perfect. Unfortunately, I am disappointed that there
are some provisions that were not included in this NDAA. Saudi Arabia's
abuse against dissidents and civil society has continued since the
brutal murder of Jamal Khashoggi, yet two bipartisan House provisions
that addressed some of these human rights violations were dropped in
the final package. Other amendments that would have ended needless
civilian casualties resulting from the brutal war in Yemen were also
removed by Senate Republicans, though we had a bipartisan agreement in
this House.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SMITH of Washington. Madam Speaker, I yield an additional 30
seconds to the gentleman from New York.
Mr. MEEKS. Finally, Madam Speaker, provisions promoting diversity and
other management reforms at the State Department were also left out.
These are just a few examples of where the bill falls a little short.
Despite the efforts of many of our members of the Foreign Affairs
Committee, and my own as chair, we were unable to secure the requisite
support from Senate Republicans to advance important provisions in this
final bill.
Nevertheless, Madam Speaker, there are other important provisions
contained in this NDAA, including State authorization, and I urge my
colleagues to vote in the affirmative.
Mr. SMITH of Washington. Madam Speaker, I want to start by thanking
the staff for the outstanding job that they do. As I have always said,
Members have constituents coming at us on a variety of different
issues. We come up with ideas and say we ought to do this. And from
that, that idea actually has to be written down and has to get
approval. It is the staff that does all
[[Page H7222]]
that tireless work to make sure that we get the final product that is
in front of us. I really, really want to thank the staff.
I want to emphasize the fact that our staff on the Armed Services
Committee is a bipartisan staff. It is the only committee in Congress
that does that. Whether we are in charge or the Republicans are in
charge, the staff is bipartisan, and I think that is incredibly
important in getting the work done in the way that we do, working
together to produce this product. This is a product every single Member
of this body can be proud of, and it is a product I think every single
Member of this body should vote for.
Madam Speaker, I urge passage, and I yield back the balance of my
time.
Mr. McHENRY. Madam Speaker, I rise in support of S. 1605, the
National Defense Authorization Act (NDAA) for fiscal year 2022.
Debt Bondage is a terrible crime, and many victims find themselves
trapped in a perpetual cycle of forced labor and coerced debt because
of it. Helping these survivors regain their livelihood is a nonpartisan
issue.
Earlier this year, the Financial Services Committee held a hearing on
the financing of human trafficking. We heard from powerful witnesses,
including Reverend Doctor Marian Hatcher, who is a trafficking
survivor. It was her story, which inspired my original bill H.R. 2332,
the Debt Bondage Repair Act.
Dr. Hatcher, like too many in this country, fell victim to human
traffickers. Thankfully, she was able to escape a terrible situation
and restore her life. However, she struggled to reestablish herself
because of her credit score, which was negatively affected by loans she
was forced to obtain her traffickers.
Madam Speaker, this is how these criminals trap an individual into a
cycle of victimization. Traffickers will take out loans, open
businesses, and destroy their victim's credit, which forces them to
remain a victim until they pay off the debt. Too often, these victims
are never able to get out.
Section 6102 in the final text has the potential to help thousands of
victims every year by ensuring that a consumer reporting agency may not
furnish a credit report with adverse information from a severe form of
trafficking. While this does not erase the terrible crimes committed
against them, it will help survivors to regain their financial freedom
and begin to rebuild their lives.
I will conclude by thanking Chairwoman Waters for passing my bill
H.R. 2332 on suspension earlier this Congress, and for including my
provision in the House NDAA base text. Additionally, I would like to
thank the numerous trafficking advocacy groups and the Consumer Data
Industry Association for their work on H.R. 2332.
I urge my colleagues to support the conference agreement.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 838, the previous question is ordered on
the bill, as amended.
The question is on the third reading of the bill.
The bill was ordered to be read a third time, and was read the third
time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SMITH of Washington. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
____________________