[House Report 117-118]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-118
___________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
----------
R E P O R T
OF THE
COMMITTEE ON ARMED SERVICES
HOUSE OF REPRESENTATIVES
ON
H.R. 4350
together with
ADDITIONAL AND DISSENTING VIEWS
[Including cost estimate of the Congressional Budget Office]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 10, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-118
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
__________
R E P O R T
OF THE
COMMITTEE ON ARMED SERVICES
HOUSE OF REPRESENTATIVES
ON
H.R. 4350
together with
ADDITIONAL AND DISSENTING VIEWS
[Including cost estimate of the Congressional Budget Office]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 10, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
45-492 WASHINGTON : 2021
COMMITTEE ON ARMED SERVICES
One Hundred Seventeenth Congress
ADAM SMITH, Washington, Chairman
JAMES R. LANGEVIN, Rhode Island MIKE ROGERS, Alabama
RICK LARSEN, Washington JOE WILSON, South Carolina
JIM COOPER, Tennessee MICHAEL R. TURNER, Ohio
JOE COURTNEY, Connecticut DOUG LAMBORN, Colorado
JOHN GARAMENDI, California ROBERT J. WITTMAN, Virginia
JACKIE SPEIER, California VICKY HARTZLER, Missouri
DONALD NORCROSS, New Jersey AUSTIN SCOTT, Georgia
RUBEN GALLEGO, Arizona MO BROOKS, Alabama
SETH MOULTON, Massachusetts SAM GRAVES, Missouri
SALUD O. CARBAJAL, California ELISE M. STEFANIK, New York
ANTHONY G. BROWN, Maryland, SCOTT DesJARLAIS, Tennessee
RO KHANNA, California TRENT KELLY, Mississippi
WILLIAM R. KEATING, Massachusetts MIKE GALLAGHER, Wisconsin
FILEMON VELA, Texas MATT GAETZ, Florida
ANDY KIM, New Jersey DON BACON, Nebraska
CHRISSY HOULAHAN, Pennsylvania JIM BANKS, Indiana
JASON CROW, Colorado LIZ CHENEY, Wyoming
ELISSA SLOTKIN, Michigan JACK BERGMAN, Michigan
MIKIE SHERRILL, New Jersey MICHAEL WALTZ, Florida
VERONICA ESCOBAR, Texas MIKE JOHNSON, Louisiana
JARED F. GOLDEN, Maine MARK E. GREEN, Tennessee
ELAINE G. LURIA, Virginia, Vice STEPHANIE I. BICE, Oklahoma
Chair C. SCOTT FRANKLIN, Florida
JOSEPH D. MORELLE, New York LISA C. McCLAIN, Michigan
SARA JACOBS, California RONNY JACKSON, Texas
KAIALI'I KAHELE, Hawaii JERRY L. CARL, Alabama
MARILYN STRICKLAND, Washington BLAKE D. MOORE, Utah
MARC A. VEASEY, Texas PAT FALLON, Texas
JIMMY PANETTA, California
STEPHANIE N. MURPHY, Florida
STEVEN HORSFORD, Nevada
Paul Arcangeli, Staff Director
C O N T E N T S
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Page
Purpose of the Legislation....................................... 1
Rationale for the Committee Bill................................. 2
Hearings......................................................... 2
Committee Position............................................... 3
Explanation of the Committee Amendments.......................... 3
Relationship of Authorization to Appropriations.................. 3
Summary of Discretionary Authorizations in the Bill.............. 4
Budget Authority Implication..................................... 4
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 5
TITLE I--PROCUREMENT............................................. 5
Aircraft Procurement, Army................................... 5
Items of Special Interest.................................. 5
Assured Communications on Tactical Unmanned Aerial
Systems in Highly Contested Environments............... 5
Litter Load Stability Technology......................... 5
Missile Procurement, Army.................................... 6
Items of Special Interest.................................. 6
Extended Range Air Defense............................... 6
Procurement of Weapons and Tracked Combat Vehicles, Army..... 6
Items of Special Interest.................................. 6
Armored plate technical performance specifications....... 6
M240 medium machine gun.................................. 7
Procurement of Ammunition, Army.............................. 7
Items of Special Interest.................................. 7
Conventional ammunition demilitarization................. 7
Medium caliber ammunition................................ 8
Other Procurement, Army...................................... 8
Items of Special Interest.................................. 8
Army modular open systems architecture................... 8
Enhanced Night Vision Goggle-Binocular................... 8
Firefighting equipment modernization..................... 9
High frequency radio infrastructure...................... 9
High Mobility Multipurpose Wheeled Vehicle rollover
mitigation............................................. 10
Joint Light Tactical Vehicle Acquisition Strategy........ 10
Magazine acquisition for the Next Generation Squad Weapon 11
Rifle Integrated Controller.............................. 11
Soldier Enhancement Program.............................. 11
Synthetic Training Environment........................... 12
Aircraft Procurement, Navy................................... 12
Items of Special Interest.................................. 12
CMV-22................................................... 12
Nacelle Improvement...................................... 12
Naval adversary aircraft recapitalization................ 13
Navy tactical fighter aircraft force structure........... 13
P-8 aircraft............................................. 14
Survivability systems for Navy, Marine Corps, and Air
Force rotary-wing aircraft............................. 14
T-45 Program Report...................................... 15
V-22 Nacelle Improvement Program......................... 15
Shipbuilding and Conversion, Navy............................ 16
Items of Special Interest.................................. 16
Aegis radar.............................................. 16
Analysis of the Costs and Benefits of the Littoral Combat
Ship Program........................................... 16
Astern refueling on Expeditionary Sea Based platforms.... 17
Comptroller General review of enabling technologies for
unmanned systems....................................... 18
DDG-51 multiyear procurement............................. 18
Improving Safe and Secure Cyber-Enabled Navy Vessels..... 19
National Security Hospital Vessel........................ 19
Report on large surface combatant production transition.. 20
Sentinel-class Fast Response Cutter...................... 21
SPY-1D capability improvements........................... 21
Virginia Class Submarine Spare Parts..................... 21
Other Procurement, Navy...................................... 22
Items of Special Interest.................................. 22
Joint force tiltrotor training........................... 22
Maritime Augmented Guidance with Integrated Controls for
Carrier Approach and Recovery Precision Enabling
Techniques............................................. 23
Mine-hunting capabilities from Expeditionary Sea Base
platforms.............................................. 23
Tactical aircraft training telemetry system
recapitalization....................................... 23
Underwater ranges........................................ 24
Procurement, Marine Corps.................................... 24
Items of Special Interest.................................. 24
High Mobility Engineer Excavator......................... 24
Aircraft Procurement, Air Force.............................. 25
Items of Special Interest.................................. 25
A-10 Wing Replacement Program............................ 25
A-10C Threat Warning System Modernization................ 25
Airlift tactical data link............................... 25
Bridge Tanker............................................ 26
C-130H propellers/engines................................ 26
Degraded visual environment system for Air Force combat
search and rescue helicopter fleet..................... 26
EC-37B Compass Call Replacement.......................... 27
HH-60W Combat Search and Rescue helicopter............... 28
Joint Surveillance Target Attack Radar System............ 28
KC-135 modernization..................................... 28
KC-135R Cooling Capability............................... 29
MH-139 conversion........................................ 29
MH-139A Grey Wolf Aircrew Exposure Protection............ 30
Propeller blades......................................... 30
Survivable Airborne Operations Center.................... 30
V-22 nacelle improvement program......................... 31
Other Procurement, Air Force................................. 31
Items of Special Interest.................................. 31
Bomber fleet hypersonic weapons integration.............. 31
Commercial best practices................................ 32
Standardization for Full Motion Video Dissemination...... 32
Transfer of U.S. Coast Guard HC-130H Aircraft to the
State of California.................................... 32
Procurement, Defense-Wide.................................... 33
Items of Special Interest.................................. 33
Comptroller General review of tactical fighter aircraft
capacity shortfalls and capability gaps................ 33
F-35..................................................... 34
National Guard and Reserve Equipment Account............. 35
Persistent Airborne Intelligence Surveillance &
Reconnaissance......................................... 35
Radio Integration System program upgrade................. 36
Review of Armed Overwatch aircraft systems............... 36
LEGISLATIVE PROVISIONS......................................... 37
Subtitle A--Authorization of Appropriations.................. 37
Section 101--Authorization of Appropriations............... 37
Subtitle B--Army Programs.................................... 37
Section 111--Multiyear Procurement Authority for AH-64E
Apache Helicopters....................................... 37
Section 112--Multiyear Procurement Authority for UH-60M and
HH-60M Black Hawk Helicopters............................ 37
Section 113--Continuation of Soldier Enhancement Program... 37
Section 114--Strategy for the Procurement of Accessories
for the Next Generation Squad Weapon..................... 37
Subtitle C--Navy Programs.................................... 37
Section 121--Extension of Procurement Authority for Certain
Amphibious Shipbuilding Programs......................... 37
Section 122--Inclusion of Basic and Functional Design in
Assessments Required Prior to Start of Construction on
First Ship of a Shipbuilding Program..................... 38
Section 123--Multiyear Procurement Authority for Arleigh
Burke Class Destroyers................................... 38
Section 124--Incorporation of Advanced Degaussing Systems
into DDG-51 Class Destroyers............................. 38
Subtitle D--Air Force Programs............................... 38
Section 131--Contract for Logistics Support for VC-25B
Aircraft................................................. 38
Section 132--Limitation on Availability of Funds for the B-
52 Commercial Engine Replacement Program................. 38
Section 133--Inventory Requirements and Limitations
Relating to Certain Air Refueling Tanker Aircraft........ 38
Section 134--Minimum Inventory of Tactical Airlift Aircraft
and Limitation on Modification of Air National Guard
Tactical Airlift Flying Missions......................... 38
Section 135--Procurement Authority for Certain Parts of the
Ground-Based Strategic Deterrent Cryptographic Device.... 39
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 39
Section 141--Implementation of Affordability, Operational,
and Sustainment Cost Constraints for the F-35 Aircraft
Program.................................................. 39
Section 142--Limitation on Availability of Funds for
Aircraft Systems for the Armed Overwatch Program......... 39
Section 143--Major Weapon Systems Capability Assessment
Process and Procedure Review and Report.................. 39
Section 144--Reports on Exercise of Waiver Authority with
Respect to Certain Aircraft Ejection Seats............... 39
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 40
Research, Development, Test, and Evaluation, Army............ 40
Items of Special Interest.................................. 40
40mm Training Ammunition Analysis of Alternatives........ 40
Advanced ammunition material and manufacturing
technologies........................................... 40
Advanced combat engine................................... 41
Autonomous robotic targets for small arms live fire
training ranges........................................ 41
Auxiliary power units for Army combat and tactical
vehicles............................................... 41
Battery charging for electric vehicles in tactical
environments........................................... 42
Carbon fiber and graphite foam applications for combat
and tactical vehicles.................................. 43
Electrification of combat and tactical vehicles.......... 43
Extended range cannon artillery rate of fire............. 44
Future Long Range Assault Aircraft....................... 45
Future Vertical Lift..................................... 45
Helicopter Vertical Tail Boom Modification............... 46
Improving Ground Vehicle System Center Modeling and
Simulation............................................. 46
Modernization of mobile X-ray systems.................... 47
Modular approach to combat vehicle lethality............. 47
Report on the Universal Robotics Controller (URC) Program 47
Request for Briefing on Vehicle Cyber Security Research
Center................................................. 48
Thermal imaging and intrusion detection technology....... 48
Vehicle protection systems against unmanned aerial
systems................................................ 49
Wearable Gesture Control Technology...................... 49
Research, Development, Test, and Evaluation, Navy............ 49
Items of Special Interest.................................. 49
Accelerating supercavitating ammunition.................. 49
Advanced Low Cost Munition Ordnance...................... 50
Assessment of the Naval Air Warfare Center Division...... 50
Implementation of the National Security Innovation
Partnerships and Integration of the Future of Defense
Center and Naval Tech Bridges.......................... 51
MH-60 Service Life Extension Program and modernization... 52
Next Generation Jammer high band......................... 53
Shipboard High Energy Laser.............................. 53
Silicon carbide power modules............................ 54
Transformational Reliable Acoustic Path System........... 54
Virtualization Technology................................ 54
Research, Development, Test, and Evaluation, Air Force....... 55
Items of Special Interest.................................. 55
Adaptive Engine Transition Program propulsion system..... 55
Advanced Battle Management System........................ 55
Air Force Sensor Open Systems Architecture Standard
initiative............................................. 56
Airborne augmented reality for Air Force pilot training.. 57
Common Armament Tester Fighters (CAT-F).................. 58
Digital engineering design and manufacturing expansion... 58
Enhanced connectivity with RC-135 aircraft............... 59
Report on the Agility Prime program of the U.S. Air Force 59
T-7 review and program risk assessment................... 60
Teamable Attritable Air Vehicles......................... 61
Research, Development, Test, and Evaluation, Space Force..... 61
Items of Special Interest.................................. 61
Space Force higher education strategy.................... 61
University Consortium for Space Technology Development... 62
Research, Development, Test, and Evaluation, Defense-Wide.... 62
Items of Special Interest.................................. 62
5G Open Radio Access Network............................. 62
Advanced Development of Chemical and Biological Detection
Media.................................................. 63
Advanced electronic warfare capabilities................. 63
Advancing Gaming, Exercising, Modeling, and Simulation
capabilities........................................... 64
Aircraft ejection seat spinal injuries assessment........ 64
Artificial intelligence for Small Unit Maneuver.......... 65
Comptroller General Report on STEM and AI Workforce
Development............................................ 66
Counter Unmanned Aerial Systems (C-UAS) Development,
Testing and Fielding................................... 66
Critical Shortage of STEM Professionals.................. 67
Data storage capabilities for special operations forces.. 68
Defense Innovation Unit assessment....................... 68
Development of High Mach and Hypersonic Aircraft......... 69
Digital Engineering Infrastructure and Workforce
Development............................................ 69
Digital twin assessment and agile verification processes. 70
Emerging Tech Adoption Training.......................... 71
Establishing a National Network for Microelectronics
Research and Development............................... 71
F-35 breathing system disruptions........................ 72
Fielding of Counter-Small Unmanned Aircraft Systems
across the Joint Force................................. 72
High Energy Laser System Power and Thermal Management.... 73
Mobile Compact High Energy Laser......................... 73
Naval aviation dedicated operational test capacity
reductions............................................. 74
Prioritizing retrofit of the C-130 with autonomous flight
capabilities........................................... 74
Report on flexible funding for transitioning science and
technology............................................. 75
Solid rocket motors...................................... 76
Strengthening the Diversity of the Science, Technology,
Research, and Engineering Workforce.................... 76
Support for Department of Defense-wide SBIR and STTR
Transition Education Program........................... 77
Sustained human performance and resilience............... 77
LEGISLATIVE PROVISIONS......................................... 78
Subtitle A--Authorization of Appropriations.................. 78
Section 201--Authorization of Appropriations............... 78
Subtitle B--Program Requirements, Restrictions, and
Limitations.............................................. 78
Section 211--Duties and Regional Activities of the Defense
Innovation Unit.......................................... 78
Section 212--Modification of Mechanisms for Expedited
Access to Technical Talent and Expertise at Academic
Institutions to Support Department of Defense Missions... 79
Section 213--Modification of Mechanisms for Expedited
Access to Technical Talent and Expertise at Academic
Institutions............................................. 79
Section 214--Minority Institute for Defense Research....... 79
Section 215--Test Program for Engineering Plant of DDG(X)
Destroyer Vessels........................................ 79
Section 216--Consortium to Study Irregular Warfare......... 80
Section 217--Development and Implementation of Digital
Technologies for Survivability and Lethality Testing..... 80
Section 218--Pilot Program on the Use of Intermediaries to
Connect the Department of Defense with Technology
Producers................................................ 81
Section 219--Assessment and Correction of Deficiencies in
the F-35 Aircraft Pilot Breathing System................. 81
Section 220--Identification of the Hypersonics Facilities
and Capabilities of the Major Range and Test Facility
Base..................................................... 81
Section 221--Requirement to Maintain Access to Category 3
Subterranean Training Facility........................... 82
Section 222--Prohibition on Reduction of Naval Aviation
Testing and Evaluation Capacity.......................... 82
Section 223--Limitation on Availability of Funds for
Certain C-130 Aircraft................................... 82
Section 224--Limitation on Availability of Funds for VC-25B
Aircraft Program Pending Submission of Documentation..... 82
Subtitle C--Plans, Reports, and Other Matters................ 82
Section 231--Modification to Annual Report of the Director
of Operational Test and Evaluation....................... 82
Section 232--Adaptive Engine Transition Program Acquisition
Strategy for the F-35A Aircraft.......................... 82
Section 233--Advanced Propulsion System Acquisition
Strategy for the F-35B and F-35C Aircraft................ 82
Section 234--Assessment and Report on Airborne Electronic
Attack Capabilities and Capacity......................... 83
Section 235--Strategy for Autonomy Integration in Major
Weapon Systems........................................... 83
TITLE III--OPERATION AND MAINTENANCE............................. 83
ITEMS OF SPECIAL INTEREST...................................... 83
Budget Request Adjustments................................... 83
Nucleated Foam Engine Wash................................. 83
Energy Issues................................................ 84
Enhancing Base Resiliency through Ocean Thermal Energy..... 84
Fuel Visibility and Management............................. 84
Installation Energy Resilience............................. 85
Micro-reactor Support of Installation Energy Resiliency.... 85
Mobile, High-Density Hybrid Power Delivery................. 86
Operational Energy......................................... 86
Logistics and Sustainment Issues............................. 87
Addressing Out-of-Pocket Cost Disparities for Military
Uniform.................................................. 87
Air Force Mobility Sustainment and Modernization........... 88
Air Logistics Complex Capital Equipment Requirements....... 88
Army Futures Command Depot-Level Maintenance............... 88
C-130 Depot Maintenance Capacity........................... 89
Data Analytics Driving On-Time Ship Maintenance Deliveries. 89
Defense-Wide Working Capital Fund Cash Management Actions.. 90
Depot Capital Investment................................... 90
Efficiency in in the Field of Logistics Management......... 91
F-35 Organic Maintenance Capability........................ 91
Ground Combat Vehicle Maintenance Modernization Report..... 92
Ground Tactical Vehicles for Special Operations Forces..... 92
Implementation of Improvements to F-35 Sustainment......... 93
Landing Gear System Management............................. 94
Predictive Maintenance..................................... 94
Report on Navy Dry Dock Strategy for Ship Maintenance and
Repair................................................... 94
Space Resources (Propellant) National Reserve.............. 95
Sustainment Competition in the F-35 Program................ 96
Readiness Issues............................................. 96
Air Force briefing on delivery of emergency services by
firefighters............................................. 96
Army Enterprise Resource Planning.......................... 96
Assessment of Low-Level Military Training Routes........... 97
Body-Worn Cameras for Military Law Enforcement............. 97
Continuation of Waterjet Technology Systems for Removal of
Underwater Explosive Munitions........................... 98
Eglin Gulf Test and Training Range......................... 98
Foreign Military Flight Training Program Assessment........ 98
Impacts of Tijuana River Sewage on the Ability of Training
Ranges to Meet Joint Force Training Requirements......... 99
Implementation of the Navy Common Readiness Model.......... 99
Minimizing Large Transport Fleet Fuel Burn................. 99
Mission Training Complex................................... 100
National All-Domain Warfighting Center..................... 100
Navy Optimized Fleet Response Plan......................... 101
Next Generation 911........................................ 102
Parachute Management System................................ 103
Pilot Training Next--Advanced (PTN-A)...................... 103
Preserving Military Training Routes........................ 104
Readiness Modeling......................................... 104
Review of Mitigation Options for Potential Wind Turbine
Interference on Radars................................... 105
Study and Report on Feasibility of Permanent Basing Air
Force Flying Unit/s on Guam.............................. 106
T-7A Red Hawk Predictive Analytics......................... 106
Use of Fitness Wearables to Measure and Promote Readiness.. 106
Wind Turbine Mitigation Technology......................... 107
Other Matters................................................ 107
Briefing on Progress of Cleanup Actions Related to
Department of Defense-Caused Per- and Polyfluoroalkyl
Substances Contamination................................. 107
Briefing on Southern Resident Killer Whale Interagency
Working Group............................................ 108
Chemicals Used for Aircraft Rescue and Firefighting
Operations at Civilian and Joint Use Airport Operations.. 108
Continuing Foreign Language Education...................... 109
Feasibility and Relative Toxicity of Bio-Based Corrosion
Control.................................................. 109
Fire Detection and Monitoring.............................. 109
Planning Tool for Assessing Drought, Water Scarcity, and
Fire Risk................................................ 110
Reducing the Risk of Flash Fire............................ 111
Report on Existing Use of Virtual Reality Technology in
Hard Skills and Soft Skills Training..................... 111
Report on Incorporation of Disinfecting Technologies Like
Antimicrobial, Antiviral, Antifungal in Department of
Defense Issued Clothing and Individual Equipment......... 112
Report on the Status of PFAS Remediation................... 112
Research and Development of New and Emerging Technologies
for the Remediation and Disposal of PFAS................. 114
Study and Report to Congress on DoD Logistics and Potential
Benefits of Carsharing................................... 114
Sufficiency of Current Special Operations Force Language
Capabilities to Meet Great Power Competition Challenges.. 115
Waikoloa Maneuver Area..................................... 116
Water Banking to Support Installation Resiliency........... 117
LEGISLATIVE PROVISIONS......................................... 117
Subtitle A--Authorization of Appropriations.................. 117
Section 301--Authorization of Appropriations............... 117
Subtitle B--Energy and Environment........................... 117
Section 311--Inclusion of Impacts on Military Installation
Resilience in the National Defense Strategy and
Associated Documents..................................... 117
Section 312--Modification of Authorities Governing Cultural
and Conservation Activities of the Department of Defense. 117
Section 313--Modification of Authority for Environmental
Restoration Projects of National Guard................... 118
Section 314--Prohibition on Use of Open-Air Burn Pits in
Contingency Operations outside the United States......... 118
Section 315--Maintenance of Current Analytical Tools for
Evaluation of Energy Resilience Measures................. 118
Section 316--Energy Efficiency Targets for Department of
Defense Data Centers..................................... 118
Section 317--Modification of Restriction on Department of
Defense Procurement of Certain Items Containing
Perfluorooctane Sulfonate or Perfluorooctanoic Acid...... 118
Section 318--Temporary Moratorium on Incineration by
Department of Defense of Perfluoroalkyl Substances,
Polyfluoroalkyl Substances, and Aqueous Film Forming Foam 118
Section 319--Public Disclosure of Results of Department of
Defense Testing of Water for Perfluoroalkyl or
Polyfluoroalkyl Substances............................... 119
Section 320--PFAS Testing Requirements..................... 119
Section 321--Standards for Response Actions with Respect to
PFAS Contamination....................................... 119
Section 322--Review and Guidance Relating to Prevention and
Mitigation of Spills of Aqueous Film-Forming Foam........ 119
Section 323--Budget Information for Alternatives to Burn
Pits..................................................... 119
Section 324--Establishment of Emissions Control Standard
Operating Procedures..................................... 119
Section 325--Long-Duration Demonstration Initiative and
Joint Program............................................ 119
Section 326--Pilot Program on Use of Sustainable Aviation
Fuel..................................................... 120
Section 327--Joint Department of Defense and Department of
Agriculture Study on Bioremediation of PFAS Using
Mycological Organic Matter............................... 120
Subtitle C--Logistics and Sustainment........................ 120
Section 341--Mitigation of Contested Logistics Challenges
of the Department of Defense through Reduction of
Operational Energy Demand................................ 120
Section 342--Global Bulk Fuel Management and Delivery...... 120
Section 343--Comptroller General Annual Reviews of F-35
Sustainment Efforts...................................... 120
Section 344--Pilot Program on Biobased Corrosion Control
and Mitigation........................................... 120
Section 345--Pilot Program on Digital Optimization of
Organic Industrial Base Maintenance and Repair Operations 120
Section 346--Pilot Program on Implementation of Mitigating
Actions to Address Vulnerabilities to Critical Defense
Facilities and Associated Defense Critical Electric
Infrastructure........................................... 121
Section 347--Report and Certification Requirements
regarding Sustainment Costs for F-35 Aircraft Program.... 121
Subtitle D--Risk Mitigation and Safety Improvement........... 121
Section 351--Treatment of Notice of Presumed Risk Issued by
Military Aviation and Installation Assurance
Clearinghouse for Review of Mission Obstructions......... 121
Section 352--Establishment of Joint Safety Council......... 121
Section 353--Mishap Investigation Review Board............. 121
Section 354--Implementation of Comptroller General
Recommendations on Preventing Tactical Vehicle Training
Accidents................................................ 121
Section 355--Pilot Program for Tactical Vehicle Safety Data
Collection............................................... 121
Subtitle E--Reports.......................................... 122
Section 361--Inclusion of Information regarding Borrowed
Military Manpower in Readiness Reports................... 122
Section 362--Annual Report on Missing, Lost, and Stolen
Weapons, Large Amounts of Ammunition, Destructive
Devices, and Explosive Material.......................... 122
Section 363--Annual Report on Material Readiness of Navy
Ships.................................................... 122
Section 364--Strategy and Annual Report on Critical
Language Proficiency of Special Operations Forces........ 122
Section 365--Report and Briefing on Approach for Certain
Properties Affected by Noise from Military Flight
Operations............................................... 122
Section 366--Study on Use of Military Resources to
Transport Certain Individuals and Effect on Military
Readiness................................................ 122
Subtitle F--Other Matters.................................... 123
Section 371--Budget Justification for Operation and
Maintenance.............................................. 123
Section 372--Improvements and Clarifications Related to
Military Working Dogs.................................... 123
Section 373--Management of Fatigue among Crew of Naval
Surface Ships and Related Improvements................... 123
Section 374--Authority to Establish Center of Excellence
for Radar Systems and Complementary Workforce and
Education Programs....................................... 123
Section 375--Pilot Program on Military Working Dog and
Explosives Detection Canine Health and Excellence........ 123
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 123
LEGISLATIVE PROVISIONS......................................... 123
Subtitle A--Active Forces.................................... 123
Section 401--End Strengths for Active Forces............... 123
Section 402--Revisions in Permanent Active Duty End
Strength Minimum Levels.................................. 124
Subtitle B--Reserve Forces................................... 124
Section 411--End Strengths for Selected Reserve............ 124
Section 412--End Strengths for Reserves on Active Duty in
Support of the Reserves.................................. 125
Section 413--End Strengths for Military Technicians (Dual
Status).................................................. 126
Section 414--Maximum Number of Reserve Personnel Authorized
To Be on Active Duty for Operational Support............. 127
Section 415--Accounting of Reserve Component Members
Performing Active Duty or Full-Time National Guard Duty
towards Authorized End Strengths......................... 129
Subtitle C--Authorization of Appropriations.................. 129
Section 421--Military Personnel............................ 129
TITLE V--MILITARY PERSONNEL POLICY............................... 129
ITEMS OF SPECIAL INTEREST...................................... 129
Arlington National Cemetery Burial Policy.................. 129
Army Aviation Retention Study.............................. 129
Artificial Intelligence and Personnel Talent Management.... 130
Award of the Prisoner of War Medal......................... 130
Briefing on Efforts of Extremist Organizations to Recruit
Members of the Armed Forces.............................. 131
Briefing on Implementation of U.S. Special Operations
Command Diversity and Inclusion Strategic Plan........... 131
Career Intermission Program Evaluation..................... 131
Comptroller General Review of Navy Ship Manning............ 131
Defense Prisoner of War and Missing in Action Accounting
Agency Forensic Laboratory............................... 132
Demographics of Drug Testing and Evaluation Programs....... 133
Enhancing Readiness to Department of Defense Workforce
through Technology....................................... 133
Enhancing Recruitment and Opportunities for Military
Service.................................................. 134
Identifying the Remains of the Casualties of the USS
Arizona.................................................. 134
Media Literacy Training.................................... 135
Military Criminal Investigative Training................... 135
National Guard Active Guard Reserve Program................ 135
National Guard Drill Periods............................... 136
National Guard Force Apportionment......................... 136
Report on a Digital Technical Skills in the Department of
Defense.................................................. 137
Report on Data Compromise and Payday Lending............... 138
Reserve Component Command-Directed Investigations of Sexual
Assault.................................................. 138
ROTC Scholarship Funding................................... 139
Service Commitments for Graduates of Military Service
Academies and Professional Athletics..................... 139
Small Unit Leadership Training............................. 140
Training for Military Prosecutors.......................... 140
Using Commercially Available Technology for Sexual Assault
Reporting................................................ 141
Wargaming at War Colleges and Military Postgraduate
Education Institutions................................... 141
Women's Military History Day............................... 142
World War I Medal of Honor Recipients Report............... 142
LEGISLATIVE PROVISIONS......................................... 142
Subtitle A--Reserve Component Management..................... 142
Section 501--Grade of Certain Chiefs of Reserve Components. 142
Section 502--Grade of Vice Chief of the National Guard
Bureau................................................... 143
Section 503--Prohibition on Private Funding for Interstate
Deployment of National Guard............................. 143
Section 504--Requirement of Consent of the Chief Executive
Officer for Certain Full-Time National Guard Duty
Performed in a State, Territory, or the District of
Columbia................................................. 143
Section 505--Continued National Guard Support for FireGuard
Program.................................................. 143
Section 506--Study on Reapportionment of National Guard
Force Structure Based on Domestic Responses.............. 143
Section 507--Report on Feasibility and Advisability of
Including Cybersecurity Operations and Missions to
Protect Critical Infrastructure by Members of the
National Guard in Connection with Training or Other Duty. 143
Section 508--Access to Tour of Duty System................. 143
Subtitle B--General Service Authorities and Military Records. 144
Section 511--Prohibition on Commissioning or Enlistment in
the Armed Forces of an Individual Convicted of a Felony
Hate Crime............................................... 144
Section 512--Reduction in Service Commitment Required for
Participation in Career Intermission Program of a
Military Department...................................... 144
Section 513--Modernization of the Selective Service System. 144
Section 514--Improvements to Military Accessions in Armed
Forces under the Jurisdiction of the Secretaries of the
Military Departments..................................... 144
Section 515--Authorization of Permissive Temporary Duty for
Wellness................................................. 144
Section 516--Required Staffing of Administrative Separation
Boards................................................... 144
Section 517--Administrative Separation: Miscellaneous
Authorities and Requirements............................. 144
Section 518--Prohibition on Algorithmic Career Termination. 145
Section 519--Prohibition on Discipline against a Member
Based on Certain Social Media............................ 145
Section 519A--Command Oversight of Military Privatized
Housing as Element of Performance Evaluations............ 145
Section 519B--Feasibility Study on Establishment of Housing
History for Members of the Armed Forces Who Reside in
Housing Provided by the United States.................... 145
Section 519C--Seaman to Admiral-21 Program: Credit towards
Retirement............................................... 145
Section 519D--Progress Report on Implementation of GAO
Recommendations Regarding Career Paths for Surface
Warfare Officers of the Navy............................. 145
Section 519E--Independent Assessment of Retention of Female
Surface Warfare Officers................................. 146
Subtitle C--Military Justice and Other Legal Matters......... 146
Section 521--Rights of the Victim of an Offense under the
Uniform Code of Military Justice......................... 146
Section 522--Commanding Officer's Non-Judicial Punishment.. 146
Section 523--Selection Process for Members to Serve on
Courts-Martial........................................... 146
Section 524--Petition for DNA Testing under the Uniform
Code of Military Justice................................. 146
Section 525--Punitive Article on Violent Extremism......... 146
Section 526--Clarifications of Procedure in Investigations
of Personnel Actions Taken against Members of the Armed
Forces in Retaliation for Protected Communications....... 146
Section 527--Activities to Improve Family Violence
Prevention and Response.................................. 147
Section 528--Mandatory Notification of Members of the Armed
Forces Identified in Certain Records of Criminal
Investigations........................................... 147
Section 529--Authority of Military Judges and Military
Magistrates to Issue Military Court Protective Orders.... 147
Section 529A--Countering Extremism in the Armed Forces..... 147
Section 529B--Reform and Improvement of Military Criminal
Investigative Organizations.............................. 147
Section 529C--Measures to Improve the Safety and Security
of Members of the Armed Forces........................... 147
Section 529D--Distribution of Information on the
Availability of Civilian Victim Services................. 147
Section 529E--Report on Mandatory Restitution.............. 148
Subtitle D--Implementation of Recommendations of the
Independent Review Commission on Sexual Assault in the
Military................................................. 148
Section 531--Short Title................................... 148
Part 1--Special Victim Prosecutors and Special Victim
Offenses................................................. 148
Section 532--Special Victim Prosecutors.................... 148
Section 533--Department of Defense Policies with Respect to
Special Victim Prosecutors and Establishment of Offices
of Special Victim Prosecutors within Military Departments 148
Section 534--Definitions of Military Magistrate, Special
Victim Offense, and Special Victim Prosecutor............ 148
Section 535--Clarification Relating to Who May Convene
Courts-Martial........................................... 149
Section 536--Detail of Trial Counsel....................... 149
Section 537--Preliminary Hearing........................... 149
Section 538--Advice to Convening Authority before Referral
for Trial................................................ 149
Section 539--Former Jeopardy............................... 149
Section 539A--Plea Agreements.............................. 149
Section 539B--Determinations of Impracticality of Rehearing 149
Section 539C--Punitive Article on Sexual Harassment........ 150
Section 539D--Clarification of Applicability of Domestic
Violence and Stalking to Dating Partners................. 150
Section 539E--Effective Date............................... 150
Part 2--Sentencing Reform................................... 150
Section 539F--Sentencing Reform............................ 150
Part 3--Reports and Other Matters........................... 150
Section 539G--Report on Modification of Disposition
Authority for Offenses Other than Special Victim Offenses 150
Section 539H--Report on Implementation of Certain
Recommendations of the Independent Review Commission on
Sexual Assault in the Military........................... 150
Section 539I--Report on Implementation of Recommendations
and Other Activities to Address Racial, Ethnic, and
Gender Disparities in the Military Justice System........ 151
Subtitle E--Other Sexual Assault-Related Matters............. 151
Section 541--Independent Investigation of Complaints of
Sexual Harassment........................................ 151
Section 542--Modification of Notice to Victims of Pendency
of Further Administrative Action Following a
Determination Not to Refer to Trial by Court-Martial..... 151
Section 543--Modifications to Annual Report Regarding
Sexual Assaults Involving Members of the Armed Forces.... 151
Section 544--Civilian Positions to Support Special Victims'
Counsel.................................................. 151
Section 545--Feasibility Study on Establishment of
Clearinghouse of Evidence-Based Practices to Prevent
Sexual Assault, Suicide, and Other Harmful Behaviors
among Members of the Armed Forces and Military Families.. 151
Subtitle F--Member Education, Training, and Transition....... 152
Section 551--Training on Consequences of Committing a Crime
in Preseparation Counseling of the Transition Assistance
Program.................................................. 152
Section 552--Participation of Members of the Reserve
Components of the Armed Forces in the SkillBridge Program 152
Section 553--Expansion and Codification of Matters Covered
by Diversity Training in the Department of Defense....... 152
Section 554--Expansion of Junior Reserve Officers' Training
Corps Program............................................ 152
Section 555--Defense Language Institute Foreign Language
Center................................................... 152
Section 556--Allocation of Authority for Nominations to the
Military Service Academies in the Event of the Death,
Resignation, or Expulsion from Office of a Member of
Congress................................................. 152
Section 557--Votes Required to Call a Meeting of the Board
of Visitors of a Military Service Academy................ 152
Section 558--United States Naval Community College......... 153
Section 559--Codification of Establishment of United States
Air Force Institute of Technology........................ 153
Section 559A--Clarifications regarding Scope of Employment
and Reemployment Rights of Members of the Uniformed
Services................................................. 153
Section 559B--Clarification and Expansion of Prohibition on
Gender-Segregated Training in the Marine Corps........... 153
Section 559C--Requirement to Issue Regulations Ensuring
Certain Parental Guardianship Rights of Cadets and
Midshipmen............................................... 153
Section 559D--Defense Language Continuing Education Program 153
Section 559E--Public-Private Consortium to Improve
Professional Military Education.......................... 153
Section 559F--Standards for Training of Surface Warfare
Officers and Enlisted Members............................ 153
Section 559G--Professional Military Education: Report;
Definition............................................... 154
Section 559H--Study on Training and Education of Members of
the Armed Forces Regarding Social Reform and Unhealthy
Behaviors................................................ 154
Subtitle G--Military Family Readiness and Dependents'
Education................................................ 154
Section 561--Establishment of Exceptional Family Member
Program Advisory Council................................. 154
Section 562--Non-Medical Counseling Services for Military
Families................................................. 154
Section 563--Expansion of Support Programs for Special
Operations Forces Personnel and Immediate Family Members. 154
Section 564--Clarification of Qualifications for Attorneys
Who Provide Legal Services to Families Enrolled in the
Exceptional Family Member Program........................ 154
Section 565--Improvements to the Exceptional Family Member
Program.................................................. 154
Section 566--Database of Next of Kin of Deceased Members of
the Armed Forces......................................... 154
Section 567--Policy regarding Remote Military Installations 155
Section 568--Feasibility Study on Program for Drop-In Child
Care Furnished to Certain Military Spouses at Military
Child Development Centers................................ 155
Section 569--Comptroller General of the United States
Reports on Employment Discrimination against Military
Spouses by Civilian Employers............................ 155
Section 569A--Report on Efforts of Commanders of Military
Installations to Connect Military Families with Local
Entities That Provide Services to Military Families...... 155
Section 569B--Report on Preservation of the Force and
Family Program of United States Special Operations
Command.................................................. 155
Section 569C--GAO Review of Preservation of the Force and
Family Program of United States Special Operations
Command.................................................. 155
Section 569D--Continued Assistance to Schools with
Significant Numbers of Military Dependent Students....... 155
Section 569E--Verification of Reporting of Eligible
Federally Connected Children for Purposes of Federal
Impact Aid Programs...................................... 155
Subtitle H--Diversity and Inclusion.......................... 156
Section 571--Information on Female and Minority
Participation in Military Service Academies and the
Senior Reserve Officers' Training Corps.................. 156
Section 572--Surveys on Diversity, Equity, and Inclusion
and Annual Reports on Sexual Assaults and Racial and
Ethnic Demographics in the Military Justice System....... 156
Section 573--Amendments to Additional Deputy Inspector
General of the Department of Defense..................... 156
Section 574--Extension of Deadline for GAO Report on Equal
Opportunity at the Military Service Academies............ 156
Section 575--GAO Review of Extremist Affiliations and
Activity among Members of the Armed Forces on Active Duty 156
Subtitle I--Decorations and Awards........................... 156
Section 581--Semiannual Reports regarding Review of Service
Records of Certain Veterans.............................. 156
Section 582--Eligibility of Veterans of Operation End Sweep
for Vietnam Service Medal................................ 157
Section 583--Establishment of the Atomic Veterans Service
Medal.................................................... 157
Section 584--Authorization for Award of the Medal of Honor
to Marcelino Serna for Acts of Valor during World War I.. 157
Subtitle J--Miscellaneous Reports and Other Matters.......... 157
Section 591--Command Climate Assessments: Independent
Review; Reports.......................................... 157
Section 592--Healthy Eating in the Department of Defense... 157
Section 593--Plant-Based Protein Pilot Program of the Navy. 157
Section 594--Reports on Misconduct by Members of Special
Operations Forces........................................ 157
Section 595--Updates and Preservation of Memorials to
Chaplains at Arlington National Cemetery................. 157
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS.............. 158
ITEMS OF SPECIAL INTEREST...................................... 158
Assessment of STEM Education in Department of Defense
Education Activity Schools............................... 158
Basic Allowance for Housing................................ 158
Basic Allowance for Housing Calculation.................... 158
Bereavement Study.......................................... 159
Child Development Centers.................................. 159
Childcare Best Practices................................... 160
Comptroller General of the United States review of certain
professional development activities of Department of
Defense Education Activity employees..................... 160
Department of Defense Education Activity Standardized
Record System............................................ 160
Hazardous Duty Pay Parity.................................. 161
In-Home Childcare Licensures............................... 161
Military Families' Safety on Installations................. 161
Military Internship Program Feasibility Study.............. 162
Portability of Professional Licenses of Servicemembers and
their Spouses............................................ 163
Report on Access to Financial Institutions on Military
Installations............................................ 163
Report on Naval Special Warfare............................ 164
Report on STEM Talent Recruitment and Retention............ 164
Report on the counting of military servicemembers and their
families for purposes of completing the decennial census. 164
Reserve Component Service Member Benefits.................. 165
Support for Teachers in Military Impacted Communities...... 165
LEGISLATIVE PROVISIONS......................................... 166
Subtitle A--Pay and Allowances............................... 166
Section 601--Basic Needs Allowance for Low-Income Regular
Members.................................................. 166
Section 602--Equal Incentive Pay for Members of the Reserve
Components of the Armed Forces........................... 166
Section 603--Expansions of Certain Travel and
Transportation Authorities............................... 166
Section 604--Unreimbursed Moving Expenses for Members of
the Armed Forces: Report; Policy......................... 166
Section 605--Report on Relationship between Basic Allowance
for Housing and Sizes of Military Families............... 166
Section 606--Report on Temporary Lodging Expenses in
Competitive Housing Markets.............................. 166
Section 607--Report on Rental Partnership Programs......... 166
Subtitle B--Bonuses and Incentive Pays....................... 167
Section 611--One-Year Extension of Certain Expiring Bonus
and Special Pay Authorities.............................. 167
Subtitle C--Family and Survivor Benefits..................... 167
Section 621--Expansion of Parental Leave for Members of the
Armed Forces............................................. 167
Section 622--Transitional Compensation and Benefits for the
Former Spouse of a Member of the Armed Forces Who
Allegedly Committed a Dependent-Abuse Offense during
Marriage................................................. 167
Section 623--Claims Relating to the Return of Personal
Effects of a Deceased Member of the Armed Forces......... 167
Section 624--Expansion of Pilot Program to Provide
Financial Assistance to Members of the Armed Forces for
In-Home Child Care....................................... 167
Section 625--Continuation of Paid Parental Leave for a
Member of the Armed Forces upon Death of Child........... 167
Section 626--Casualty Assistance Program: Reform;
Establishment of Working Group........................... 168
Subtitle D--Defense Resale Matters........................... 168
Section 631--Additional Sources of Funds Available for
Construction, Repair, Improvement, and Maintenance of
Commissary Stores........................................ 168
Subtitle E--Miscellaneous Rights and Benefits................ 168
Section 641--Electronic or Online Notarization for Members
of the Armed Forces...................................... 168
TITLE VII--HEALTH CARE PROVISIONS................................ 168
ITEMS OF SPECIAL INTEREST...................................... 168
Acceleration of Malaria Treatments......................... 168
Adverse Event Reporting.................................... 168
Adverse Events Reported for Dietary Supplements............ 169
Blast Injury Health Policy Review.......................... 169
Burn and Wound Care Innovation............................. 170
Chemical, Biological, Radiological and Nuclear Medical
Response................................................. 170
Clinical Trials for Freeze-Dried Platelets for Trauma...... 171
Coverage of Chiropractic Care Services under the TRICARE
Program.................................................. 171
Creative Arts Therapies.................................... 172
Determination of Eligibility for Adult Incapacitated
Children of Service Members.............................. 172
Discrimination against Military Dependents with Prior
Mental Health Conditions................................. 173
Health Threat Travel Information........................... 173
Heat Illness Report........................................ 174
Holistic Health and Fitness Programs....................... 174
Impact of Mental Health Copays Report...................... 175
Individual First-Aid Kits Improvements..................... 176
Innovations in Suicide Prevention Efforts.................. 176
Medication Optimization Plan............................... 177
Mental Health Services..................................... 177
Military Wellness Programs................................. 178
Modernization of Antibiotics Acquisition Process........... 178
National Disaster Medical System Medical Surge Pilot....... 179
National Guard Telehealth Capability....................... 180
Ocular Trauma Specialized Care............................. 180
Omega-3 Fatty Acids........................................ 181
Prohibition on Sale of Genetic Testing Kits................ 181
Rare Cancer Treatment Report............................... 182
Retrofitting Buildings with Lactation Rooms................ 182
Review of Efforts to Address Service Member Fatigue........ 183
Study on Alternate Treatments for Suicide Prevention....... 184
Telehealth Licensure Flexibility Review.................... 184
Traumatic Brain Injury Test Devices........................ 184
Tri-Service Nursing Research Program....................... 185
TRICARE Dental Contracting................................. 185
TRICARE Healthcare Demonstration Project................... 185
TRICARE Reimbursement of Critical Access Hospitals......... 186
Warstopper Program......................................... 186
LEGISLATIVE PROVISIONS......................................... 187
Subtitle A--TRICARE and Other Health Care Benefits........... 187
Section 701--Improvement of Postpartum Care for Certain
Members of the Armed Forces and Dependents............... 187
Section 702--Eating Disorders Treatment for Certain Members
of the Armed Forces and Dependents....................... 187
Section 703--Modifications Relating to Coverage of
Telehealth Services under TRICARE Program and Other
Matters.................................................. 187
Section 704--Modifications to Pilot Program on Health Care
Assistance System........................................ 187
Section 705--Temporary Requirement for Contraception
Coverage Parity under the TRICARE Program................ 187
Subtitle B--Health Care Administration....................... 187
Section 711--Modification of Certain Defense Health Agency
Organization Requirements................................ 187
Section 712--Requirements for Consultations Related to
Military Medical Research and Defense Health Agency
Research and Development................................. 188
Section 713--Authorization of Program to Prevent Fraud and
Abuse in the Military Health System...................... 188
Section 714--Mandatory Referral for Mental Health
Evaluation............................................... 188
Section 715--Inclusion of Exposure to Perfluoroalkyl and
Polyfluoroalkyl Substances as Component of Periodic
Health Assessments....................................... 188
Section 716--Prohibition on Adverse Personnel Actions Taken
against Certain Members of the Armed Forces Based on
Declining COVID-19 Vaccine............................... 188
Section 717--Establishment of Department of Defense System
to Track and Record Information on Vaccine Administration 188
Section 718--Authorization of Provision of Instruction at
Uniformed Services University of the Health Sciences to
Certain Federal Employees................................ 188
Section 719--Mandatory Training on Health Effects of Burn
Pits..................................................... 188
Section 720--Department of Defense Procedures for
Exemptions from Mandatory COVID-19 Vaccines.............. 189
Section 721--Modifications and Report Related to Reduction
or Realignment of Military Medical Manning and Medical
Billets.................................................. 189
Section 722--Cross-Functional Team for Emerging Threat
Relating to Anomalous Health Incidents................... 189
Section 723--Implementation of Integrated Product for
Management of Population Health across Military Health
System................................................... 189
Section 724--Digital Health Strategy of Department of
Defense.................................................. 189
Section 725--Development and Update of Certain Policies
Relating to Military Health System and Integrated Medical
Operations............................................... 189
Section 726--Standardization of Definitions Used by the
Department of Defense for Terms Related to Suicide....... 189
Subtitle C--Reports and Other Matters........................ 190
Section 731--Grant Program for Increased Cooperation on
Post-Traumatic Stress Disorder Research between United
States and Israel........................................ 190
Section 732--Pilot Program on Cardiac Screening at Certain
Military Service Academies............................... 190
Section 733--Pilot Program on Cryopreservation and Storage. 190
Section 734--Pilot Program on Assistance for Mental Health
Appointment Scheduling at Military Medical Treatment
Facilities............................................... 190
Section 735--Pilot Program on Oral Rehydration Solutions... 190
Section 736--Authorization of Pilot Program to Survey
Access to Mental Health Care under Military Health System 190
Section 737--Prohibition on Availability of Funds for
Research Connected to China.............................. 190
Section 738--Independent Analysis of Department of Defense
Comprehensive Autism Care Demonstration Program.......... 190
Section 739--Independent Review of Suicide Prevention and
Response at Military Installations....................... 191
Section 740--Feasibility and Advisability Study on
Establishment of Aeromedical Squadron at Joint Base Pearl
Harbor-Hickam............................................ 191
Section 741--Plan to Address Findings Related to Access to
Contraception for Members of the Armed Forces............ 191
Section 742--GAO Biennial Study on Individual Longitudinal
Exposure Record Program.................................. 191
Section 743--GAO Study on Exclusion of Certain Remarried
Individuals from Medical and Dental Coverage under
TRICARE Program.......................................... 191
Section 744--Study on Joint Fund of the Department of
Defense and the Department of Veterans Affairs for
Federal Electronic Health Record Modernization Office.... 191
Section 745--Briefing on Domestic Production of Critical
Active Pharmaceutical Ingredients........................ 191
Section 746--Briefing on Anomalous Health Incidents
Involving Members of the Armed Forces.................... 192
Section 747--Sense of Congress on National Warrior Call Day 192
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS.............................................. 192
ITEMS OF SPECIAL INTEREST...................................... 192
Artificial Intelligence and Machine Learning in the Defense
Contracting Process...................................... 192
Artificial Intelligence-Enabled Autonomous Systems......... 193
Assessment and Mitigation Strategy for Microelectronics
Supply Chain Vulnerabilities for Army Ground Vehicles.... 193
Briefing on Navy Ship Repair Withholds..................... 194
Cost Data and Software Effort.............................. 194
Creation of a Consortium Focused on Semiconductor Supply
and Alignment of Foreign Direct Investment to National
Defense Strategy......................................... 195
Department of Defense Use of GSA's Fourth-Party Logistics
(4PL) program............................................ 195
Evaluating Employee Ownership in Department of Defense
Government Contractors................................... 196
Expansion of Canadian ITAR Exception to NTIB Members....... 196
GSA E-Commerce Clarification............................... 197
Implementation of Enhanced Post-Award Debriefings.......... 197
Industrial Base Analysis and Sustainment Support........... 198
Interoperability and Commercial Solutions for Combined
Joint All-Domain Command and Control..................... 198
Minority- and Veteran-Owned Defense Supplier Development in
the Aerospace Supply Chain Network....................... 199
Modeling and Simulation.................................... 199
National Security Implications of Chinese Influence on
Agriculture.............................................. 200
Refining Capacity in the United States..................... 200
Registered Apprenticeship Program Corrosion Prevention and
Control Training......................................... 200
Report on Ship Components.................................. 201
Securing Allies' 5G Networks............................... 201
Securing Critical Mineral Supply Chains.................... 202
Shipbuilding and Naval Capability.......................... 202
Sourcing in Major and Critical Defense Acquisition Programs 202
Sourcing in Major Defense Acquisition Programs............. 203
Status of Procurement Technical Assistance Program
Integration into Office of Industrial Policy............. 204
Supply Chain Management Leveraging Cross Domain Artificial
Intelligence Technologies................................ 205
Titanium Supply............................................ 205
Use of Multi-role Contractor Owned Contractor Operated
Aircraft................................................. 206
Value of Foreign Direct Investment and Engaging Allies in
Rapid Innovation......................................... 207
LEGISLATIVE PROVISIONS......................................... 207
Subtitle A--Acquisition Policy and Management................ 207
Section 801--Acquisition Workforce Educational Partnerships 207
Section 802--Special Emergency Reimbursement Authority..... 207
Section 803--Prohibition on Procurement of Personal
Protective Equipment from Non-Allied Foreign Nations..... 207
Section 804--Minimum Wage for Employees of Department of
Defense Contractors...................................... 207
Section 805--Diversity and Inclusion Reporting Requirements
for Covered Contractors.................................. 208
Section 806--Website for Certain Domestic Procurement
Waivers.................................................. 208
Section 807--Suspension or Debarment Referral for Egregious
Violations of Certain Domestic Preference Laws........... 208
Subtitle B--Amendments to General Contracting Authorities,
Procedures, and Limitations.............................. 208
Section 811--Extension of Authorization for the Defense
Civilian Acquisition Workforce Personnel Demonstration
Project.................................................. 208
Section 812--Modifications to Contracts Subject to Cost or
Pricing Data Certification............................... 208
Section 813--Office of Corrosion Policy and Oversight
Employee Training Requirements........................... 208
Section 814--Standard Guidelines for Evaluation of
Requirements for Services Contracts...................... 209
Section 815--Extension of Requirement to Submit Selected
Acquisition Reports...................................... 209
Section 816--Limitation on Procurement of Welded Shipboard
Anchor and Mooring Chain for Naval Vessels............... 209
Section 817--Competition Requirements for Purchases from
Federal Prison Industries................................ 209
Section 818--Repeal of Preference for Fixed-Price Contracts 209
Section 819--Modification to the Pilot Program for
Streamlining Awards for Innovative Technology Projects... 209
Section 820--Other Transaction Authority Information
Accessibility............................................ 210
Subtitle C--Provisions Relating to Supply Chain Security..... 210
Section 831--Department of Defense Research and Development
Priorities............................................... 210
Section 832--Defense Supply Chain Risk Assessment Framework 210
Section 833--Plan to Reduce Reliance on Supplies and
Materials from Adversaries in the Defense Supply Chain... 210
Section 834--Enhanced Domestic Content Requirement for
Major Defense Acquisition Programs....................... 210
Section 835--Reduction of Fluctuations of Supply and Demand
for Certain Covered Items................................ 210
Section 836--Prohibition on Certain Procurements from the
Xinjiang Uyghur Autonomous Region........................ 210
Subtitle D--Industrial Base Matters.......................... 211
Section 841--Modification of Pilot Program for Development
of Technology-Enhanced Capabilities with Partnership
Intermediaries........................................... 211
Section 842--Designating Certain SBIR and STTR Programs as
Entrepreneurial Innovation Projects...................... 211
Section 843--Modifications to Printed Circuit Board
Acquisition Restrictions................................. 211
Section 844--Defense Industrial Base Coalition for Career
Development.............................................. 211
Section 845--Additional Testing of Commercial E-Commerce
Portal Models............................................ 212
Section 846--Support for Industry Participation in Global
Standards Organizations.................................. 212
Subtitle E--Other Matters.................................... 212
Section 851--Mission Management Pilot Program.............. 212
Section 852--Pilot Program to Determine the Cost
Competitiveness of Drop-In Fuels......................... 212
Section 853--Assuring Integrity of Overseas Fuel Supplies.. 212
Section 854--Cadre of Software Development and Acquisition
Experts.................................................. 212
Section 855--Acquisition Practices And Policies Assessment. 212
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 213
ITEMS OF SPECIAL INTEREST...................................... 213
Report on the Office of the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict........ 213
LEGISLATIVE PROVISIONS......................................... 213
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................. 213
Section 901--Modification of Requirements for Appointment
of a Person as Secretary of Defense after Relief from
Active Duty.............................................. 213
Section 902--Implementation of Repeal of Chief Management
Officer of the Department of Defense..................... 214
Section 903--Designation of Senior Official for
Implementation of Electromagnetic Spectrum Superiority
Strategy................................................. 214
Subtitle B--Other Department of Defense Organization and
Management Matters....................................... 214
Section 911--Clarification of Treatment of Office of Local
Defense Community Cooperation as a Department of Defense
Field Activity........................................... 214
Section 912--Use of Combatant Commander Initiative Fund for
Certain Environmental Matters............................ 214
Section 913--Inclusion of Explosive Ordnance Disposal in
Special Operations Activities............................ 214
Section 914--Coordination of Certain Naval Activities with
the Space Force.......................................... 214
Section 915--Space Force Organizational Matters and
Modification of Certain Space-Related Acquisition
Authorities.............................................. 215
Section 916--Report on Establishment of Office to Oversee
Sanctions with Respect to Chinese Military Companies..... 215
Section 917--Independent Review of and Report on the
Unified Command Plan..................................... 215
Subtitle C--Space National Guard............................. 215
Section 921--Establishment of Space National Guard......... 215
Section 922--No Effect on Military Installations........... 215
Section 923--Implementation of Space National Guard........ 215
Section 924--Conforming Amendments and Clarification of
Authorities.............................................. 215
TITLE X--GENERAL PROVISIONS...................................... 216
ITEMS OF SPECIAL INTEREST...................................... 216
Anti-Surface Integration................................... 216
Cultivating Special Operations Forces Technical Skills..... 216
Defense Counterintelligence and Security Agency Working
Capital Fund Operations.................................. 217
Department of Defense's Use of Independent Public
Accounting Firms for Audit Remediation Services.......... 218
Deployment to Dwell Ratio of Special Operation Forces...... 218
Dictionary of American Naval Fighting Ships................ 218
Fire Boats................................................. 219
Increased Access to Oceanographic Data..................... 219
Integration of Nonstandard Data............................ 219
Irregular Warfare Annex Implementation Plan................ 220
National Background Investigation Services................. 220
Optimizing AMBIT Adjustments............................... 221
Other Potential Uses for Decommissioned Naval Assets....... 222
Report on Congressional Increases to the Defense Budget.... 222
Report on Need for Additional Ice Breakers in the Great
Lakes Region............................................. 223
Report on Posture of Special Operations Forces in the U.S.
Central Command Area of Responsibility................... 223
Report on United States Contributions to Multilateral and
International Organizations.............................. 223
Secure Congressional Communications........................ 224
Special Operations Forces Activities in Latin America and
the Caribbean............................................ 224
Update on the Limitation of Funds to Institutions of Higher
Education Hosting Confucius Institutes................... 225
USNS Bridge and USNS Rainier............................... 226
LEGISLATIVE PROVISIONS......................................... 226
Subtitle A--Financial Matters................................ 226
Section 1001--General Transfer Authority................... 226
Section 1002--Determination of Budgetary Effects........... 226
Section 1003--Budget Justification for Operation and
Maintenance.............................................. 226
Subtitle B--Naval Vessels.................................... 226
Section 1011--Critical Components of National Sea-Based
Deterrence Vessels....................................... 226
Section 1012--Biennial Report on Shipbuilder Training and
the Defense Industrial Base.............................. 226
Section 1013--Revision of Sustainment Key Performance
Parameters for Shipbuilding Programs..................... 227
Section 1014--Prohibition on Use of Funds for Retirement of
Mark VI Patrol Boats..................................... 227
Section 1015--Assessment of Security of Global Maritime
Chokepoints.............................................. 227
Section 1016--Annual Report on Ship Maintenance............ 227
Section 1017--Availability of Funds for Retirement or
Inactivation of Ticonderoga Class Cruisers............... 227
Subtitle C--Counterterrorism................................. 227
Section 1021--Inclusion in Counterterrorism Briefings of
Information on Use of Military Force in Collective Self-
Defense.................................................. 227
Section 1022--Extension of Authority for Joint Task Forces
to Provide Support to Law Enforcement Agencies Conducting
Counter-Terrorism Activities............................. 227
Section 1023--Prohibition on Use of Funds for Transfer or
Release of Individuals Detained at United States Naval
Station, Guantanamo Bay, Cuba, to Certain Countries...... 228
Subtitle D--Miscellaneous Authorities and Limitations........ 228
Section 1031--Navy Coordination with Coast Guard on
Aircraft, Weapons, Tactics, Technique, Organization, and
Equipment of Joint Concern............................... 228
Section 1032--Prohibition on Use of Navy, Marine Corps, and
Space Force as Posse Comitatus........................... 228
Section 1033--Program to Improve Relations between Members
of the Armed Forces and Military Communities............. 228
Section 1034--Authority to Provide Space and Services to
Military Welfare Societies............................... 228
Section 1035--Required Revision of Department of Defense
Unmanned Aircraft Systems Categorization................. 228
Section 1036--Limitation on Funding for Information
Operations Matters....................................... 229
Section 1037--Prohibition on Provision of Equipment to
Other Departments and Agencies for Protection of Certain
Facilities and Assets from Unmanned Aircraft............. 229
Section 1038--Limitation on Use of Funds for United States
Space Command Headquarters............................... 229
Subtitle E--Studies and Reports.............................. 230
Section 1041--Congressional Oversight of Alternative
Compensatory Control Measures............................ 230
Section 1042--Comparative Testing Reports for Certain
Aircraft................................................. 230
Section 1043--Extension of Reporting Requirement regarding
Enhancement of Information Sharing and Coordination of
Military Training between Department of Homeland Security
and Department of Defense................................ 230
Section 1044--Continuation of Certain Department of Defense
Reporting Requirements................................... 230
Section 1045--Geographic Combatant Command Risk Assessment
of Air Force Airborne Intelligence, Surveillance, and
Reconnaissance Modernization Plan........................ 230
Section 1046--Biennial Assessments of Air Force Test Center 230
Section 1047--Comparative Study on .338 Norma Magnum
Platform................................................. 231
Section 1048--Comptroller General Report on Aging
Department of Defense Equipment.......................... 231
Section 1049--Report on Acquisition, Delivery, and Use of
Mobility Assets that Enable Implementation of
Expeditionary Advanced Base Operations................... 231
Section 1050--Force Posture in the Indo-Pacific Region..... 231
Section 1051--Assessment of United States Military
Infrastructure in Diego Garcia, British Indian Ocean
Territory................................................ 231
Section 1052--Report on 2019 World Military Games.......... 231
Section 1053--Reports and Briefings regarding Oversight of
Afghanistan.............................................. 232
Section 1054--Report and Briefing on United States
Equipment, Property, and Classified Material That Was
Destroyed, Surrendered, and Abandoned in the Withdrawal
from Afghanistan......................................... 232
Section 1055--Report on Defense Utility of United States
Territories and Possessions.............................. 232
Section 1056--Report on Coast Guard Explosive Ordnance
Disposal................................................. 232
Section 1057--Independent Assessment with Respect to the
Arctic Region............................................ 232
Section 1058--Annual Report and Briefing on Global Force
Management Allocation Plan............................... 232
Subtitle F--District of Columbia National Guard Home Rule.... 232
Section 1066--Short Title.................................. 232
Section 1067--Extension of National Guard Authorities to
Mayor of the District of Columbia........................ 232
Section 1068--Conforming Amendments to Title 10, United
States Code.............................................. 233
Section 1069--Conforming Amendments to Title 32, United
States Code.............................................. 233
Section 1070--Conforming Amendment to the District of
Columbia Home Rule Act................................... 233
Subtitle G--Other Matters.................................... 233
Section 1071--Technical, Conforming, and Clerical
Amendments............................................... 233
Section 1072--Assistant Secretary of Defense for Indo-
Pacific Security Affairs................................. 233
Section 1073--Improvement of Transparency and Congressional
Oversight of Civil Reserve Air Fleet..................... 233
Section 1074--Enhancements to National Mobilization
Exercises................................................ 233
Section 1075--Providing End-to-End Electronic Voting
Services for Absent Uniformed Services Voters in
Locations with Limited or Immature Postal Service........ 233
Section 1076--Responsibilities for National Mobilization;
Personnel Requirements................................... 234
Section 1077--Update of Joint Evacuation Publication 3-68:
Non-Combatant Evacuation Operations...................... 234
Section 1078--Treatment of Operational Data from
Afghanistan.............................................. 234
Section 1079--Defense Resource Budgeting and Allocation
Commission............................................... 234
Section 1080--Commission on Afghanistan.................... 234
Section 1081--Technology Pilot Program to Support Ballot
Transmission for Absent Uniformed Services and Overseas
Votes.................................................... 234
Section 1082--Recognition of the Memorial, Memorial Garden,
and K9 Memorial of the National Navy UDT-SEAL Museum in
Fort Pierce, Florida, as the Official National Memorial,
Memorial Garden, and K9 Memorial, Respectively, of Navy
SEALs and Their Predecessors............................. 235
Section 1083--Sense of Congress on the Legacy,
Contributions, and Sacrifices of American Indian and
Alaska Natives in the Armed Forces....................... 235
Section 1084--Name of Naval Medical Center Camp Lejeune.... 235
Section 1085--Sense of Congress regarding Naming a Warship
the USS Fallujah......................................... 235
Section 1086--Name of Air Force Utah Test and Training
Range.................................................... 235
Section 1087--Name of Air Force Utah Test and Training
Range Consolidated Mission Control Center................ 235
Section 1088--Sense of Congress regarding Crisis at the
Southwest Border......................................... 235
Section 1089--Improvements and Clarifications Relating to
Unauthorized Use of Computers of Department of Defense... 235
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 236
ITEMS OF SPECIAL INTEREST...................................... 236
Appointment of Recently Retired Members of the Armed Forces
to Civil Service Positions............................... 236
Civilian Personnel in the Office of the Secretary of
Defense.................................................. 236
Prevention and Response Efforts in the National Nuclear
Security Administration Nuclear Security Forces regarding
Sexual Assault........................................... 237
Technical and Digital Talent............................... 237
LEGISLATIVE PROVISIONS......................................... 238
Section 1101--One-Year Extension of Authority to Waive
Annual Limitation on Premium Pay and Aggregate Limitation
on Pay for Federal Civilian Employees Working Overseas... 238
Section 1102--One-Year Extension of Temporary Authority to
Grant Allowances, Benefits, and Gratuities to Civilian
Personnel on Official Duty in a Combat Zone.............. 238
Section 1103--DARPA Personnel Management Authority to
Attract Science and Engineering Experts.................. 238
Section 1104--Civilian Personnel Management................ 238
Section 1105--Comptroller General Review of Naval Audit
Service Operations....................................... 238
Section 1106--Implementation of GAO Recommendations on
Tracking, Response, and Training for Civilian Employees
of the Department of Defense regarding Sexual Harassment
and Assault.............................................. 239
Section 1107--Guidelines for Reductions in Civilian
Positions................................................ 239
Section 1108--Repeal of 2-Year Probationary Period......... 239
Section 1109--Amendment to Diversity and Inclusion
Reporting................................................ 239
Section 1110--Including Active Duty in the Armed Forces in
Meeting Service Requirement for Federal Employee Family
and Medical Leave........................................ 239
Section 1111--Treatment of Hours Worked under a Qualified
Trade-of-Time Arrangement................................ 239
Section 1112--Modification of Temporary Authority to
Appoint Retired Members of the Armed Forces to Positions
in the Department of Defense............................. 239
Section 1113--Increase in Allowance Based on Duty at Remote
Worksites................................................ 240
Section 1114--Limiting the Number of Local Wage Areas
Defined within a Pay Locality............................ 240
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 240
ITEMS OF SPECIAL INTEREST...................................... 240
Accountability and Security of Biometric Data.............. 240
Afghanistan Intelligence Assessment........................ 241
Aviation Contractor Support to the Afghan Air Force........ 241
Bagram Air Base............................................ 241
Briefing on Authorities to Build Partner Capacity of
Security Forces of Friendly Foreign Countries............ 242
Briefing on Foreign Military Sales to Poland............... 242
Countering Hybrid Threats.................................. 243
Defense Cooperation with Compacts of Free Association
States................................................... 243
Defense Security Cooperation Agency Briefing on Lessons
Learned from the Failure of the ANSF and Partner Forces
with Less Capable Security Forces........................ 244
Department of Defense State Partnership Program Support to
U.S. Security Cooperation Objectives..................... 244
Feasibility of Delivering a Plan to Congress Prior to and
After a Withdrawal of U.S. Forces from a Country......... 244
Global Fragility Act Implementation........................ 245
Mine Warfare............................................... 245
Operational Concepts....................................... 246
Operational Energy Readiness............................... 246
PLA Civilian Strategic Mobility Capacity................... 247
Potential Department of Defense Funding for the Wuhan
Institute of Virology.................................... 247
Report on Anti-Ship Systems for Defense of Taiwan.......... 248
Report on Engaging Taiwan in Indo-Pacific Regional
Dialogues or Forums...................................... 248
Report on Evacuation of Remaining American Citizens and
Counterterrorism Operations in Afghanistan............... 248
Report on Iranian Support for Military Forces Committing
Severe Human Rights Abuses............................... 249
Report on Iranian Support for the Assad Regime............. 249
Report on Iranian Support for the Taliban in Afghanistan... 249
Report on Personal Identifiable Information Shared by the
Department of Defense with the Taliban during Evacuation
Operations............................................... 249
Report on Security Impact of Taliban Prisoner Releases..... 250
Report on Security of Pakistan's Nuclear Arsenal........... 250
Report on the Progress and Development of ICBM Silos in
Eastern XinJiang, Gansu, and Jinlantai Provinces......... 250
Report to Congress on the Status of Abandoned United States
Military Air Capabilities in Afghanistan................. 250
SIGAR Performance Evaluation of the Afghan National
Security and Defense Forces.............................. 251
Special Inspector General of Afghanistan Reconstruction
(SIGAR) Evaluation of Performance of Afghan National
Defense and Security Forces (ANDSF)...................... 251
Special Operations Forces Cooperation with Israel.......... 252
Status of Operation Atlantic Resolve....................... 252
Strategy for Preserving the Rights of Women and Girls in
Afghanistan.............................................. 252
Strategy to Mitigate Modifications to Defender Europe...... 253
Strategy to Mitigate U.S. Army V Corps in the Continental
United States Challenges................................. 254
Sustaining Deterrence in Europe............................ 254
Taliban Financial Assets Report............................ 256
Taliban relationship with Foreign Terrorist Organizations.. 256
Tracking Local National Support to U.S. Armed Forces....... 256
LEGISLATIVE PROVISIONS......................................... 257
Subtitle A--Assistance and Training.......................... 257
Section 1201--Extension of Support of Special Operations
for Irregular Warfare.................................... 257
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 257
Section 1211--Clarification of Certain Matters regarding
Protection of Afghan Allies.............................. 257
Section 1212--Afghanistan Security Forces Fund............. 257
Section 1213--Prohibition on Providing Funds or Material
Resources of the Department of Defense to the Taliban.... 257
Section 1214--Prohibition on Transporting Currency to the
Taliban and the Islamic Emirate of Afghanistan........... 257
Section 1215--Extension and Modification of Authority for
Reimbursement of Certain Coalition Nations for Support
Provided to United States Military Operations............ 258
Section 1216--Quarterly Briefings on the Security
Environment in Afghanistan and United States Military
Operations Related to the Security of, and Threats
Emanating from, Afghanistan.............................. 258
Section 1217--Quarterly Report on the Threat Potential of
Al-Qaeda and Related Terrorist Groups under a Taliban
Regime in Afghanistan.................................... 258
Section 1218--Sense of Congress............................ 258
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 258
Section 1221--Extension and Modification of Authority to
Provide Assistance to Vetted Syrian Groups and
Individuals.............................................. 258
Section 1222--Extension and Modification of Authority to
Support Operations and Activities of the Office of
Security Cooperation in Iraq............................. 258
Section 1223--Extension and Modification of Authority to
Provide Assistance to Counter the Islamic State of Iraq
and Syria................................................ 259
Section 1224--Prohibition of Transfers to Badr Organization 259
Section 1225--Prohibition on Transfers to Iran............. 259
Section 1226--Report on Iran-China Military Ties........... 259
Section 1227--Report on Iranian Military Capabilities...... 259
Section 1228--Report on Iranian Terrorist Proxies.......... 259
Subtitle D--Matters Relating to Russia....................... 260
Section 1231--Extension of Limitation on Military
Cooperation between the United States and Russia......... 260
Section 1232--Prohibition on Availability of Funds Relating
to Sovereignty of Russia over Crimea..................... 260
Section 1233--Modification and Extension of Ukraine
Security Assistance Initiative........................... 260
Section 1234--Report on Options for Assisting the
Government of Ukraine in Addressing Integrated Air and
Missile Defense Gaps..................................... 260
Section 1235--Biennial Report on Russian Influence
Operations and Campaigns Targeting Military Alliances and
Partnerships of Which the United States is a Member...... 260
Section 1236--Sense of Congress on Georgia................. 261
Subtitle E--Matters Relating to the Indo-Pacific Region...... 261
Section 1241--Sense of Congress on a Free and Open Indo-
Pacific Region........................................... 261
Section 1242--Clarification of Required Budget Information
Related to the Indo-Pacific.............................. 261
Section 1243--Report on Cooperation between the National
Guard and Taiwan......................................... 261
Section 1244--Report on Military and Security Developments
Involving the People's Republic of China................. 261
Section 1245--Biennial Report on Influence Operations and
Campaigns of the Government of the People's Republic of
China Targeting Military Alliances and Partnerships of
Which the United States Is a Member...................... 261
Section 1246--Report on Efforts by the People's Republic of
China to Expand Its Presence and Influence in Latin
America and the Caribbean................................ 262
Section 1247--Sense of Congress on Taiwan Defense Relations 262
Section 1248--Sense of Congress on Inviting Taiwan to the
Rim of the Pacific Exercise.............................. 262
Section 1249--Sense of Congress on Enhancing Defense and
Security Cooperation with Singapore...................... 262
Section 1250--Sense of Congress............................ 262
Section 1251--Sense of Congress with Respect to Qatar...... 262
Section 1252--Statement of Policy.......................... 262
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS............ 262
LEGISLATIVE PROVISIONS......................................... 262
Subtitle A--Matters Relating to Europe and NATO.............. 262
Section 1301--Report on the State of United States Military
Investment in Europe including the European Deterrence
Initiative............................................... 262
Section 1302--Sense of Congress on United States Defense
Posture in Europe........................................ 263
Section 1303--Sense of Congress on Security Assistance to
the Baltic Countries..................................... 263
Subtitle B--Security Cooperation and Assistance.............. 263
Section 1311--Extension of Authority for Certain Payments
to Redress Injury and Loss............................... 263
Section 1312--Foreign Area Officer Assessment and Review... 263
Section 1313--Women, Peace, and Security Act Implementation
at Military Service Academies............................ 263
Subtitle C--Other Matters.................................... 263
Section 1321--Extension of Authority for Department of
Defense Support for Stabilization Activities in National
Security Interest of the United States................... 263
Section 1322--Notification Relating to Overseas
Humanitarian, Disaster, and Civic Aid Funds Obligated in
Support of Operation Allies Refuge....................... 264
Section 1323--Limitation on Use of Funds for the 2022
Olympic and Paralympic Winter Games in China............. 264
Section 1324--Report on Hostilities Involving United States
Armed Forces............................................. 264
TITLE XIV--OTHER AUTHORIZATIONS.................................. 264
LEGISLATIVE PROVISIONS......................................... 264
Subtitle A--Military Programs................................ 264
Section 1401--Working Capital Funds........................ 264
Section 1402--Chemical Agents and Munitions Destruction,
Defense.................................................. 264
Section 1403--Drug Interdiction and Counter-Drug
Activities, Defense-Wide................................. 264
Section 1404--Defense Inspector General.................... 264
Section 1405--Defense Health Program....................... 265
Subtitle B--Other Matters.................................... 265
Section 1411--Acquisition of Strategic and Critical
Materials from the National Technology and Industrial
Base..................................................... 265
Section 1412--Authority for Transfer of Funds to Joint
Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for Captain James A.
Lovell Health Care Center, Illinois...................... 265
Section 1413--Authorization of Appropriations for Armed
Forces Retirement Home................................... 265
TITLE XV--CYBERSPACE-RELATED MATTERS............................. 265
ITEMS OF SPECIAL INTEREST...................................... 265
21st Century IDEA Compliance............................... 265
Africa Data Science Center................................. 265
Briefing on the Joint Artificial Intelligence Center's Data
Efforts.................................................. 266
Comptroller General Review of Department of Defense
Training to Prepare for Leadership and Operations in a
Contested Information Environment........................ 266
Cyber Institutes Program................................... 267
Department of Defense Data Strategy........................ 267
Department of Defense Website and Forms Modernization
Program.................................................. 267
Directive Authority for National Security Systems.......... 267
Director of Operational Test & Evaluation Software Academic
Technical Expertise...................................... 268
Effectiveness Metrics for Information Operations........... 268
Enterprise Network Endpoint Monitoring..................... 269
Enterprise Telecommunications Security..................... 269
Investing in Robust Data Infrastructure for Artificial
Intelligence............................................. 269
Strategy and Posture Review for Information Operations..... 270
Support for Zero Trust within the Department of Defense.... 270
LEGISLATIVE PROVISIONS......................................... 271
Subtitle A--Cyber Threats.................................... 271
Section 1501--Cyber Threat Information Collaboration
Environment.............................................. 271
Section 1502--Enterprise-Wide Procurement of Commercial
Cyber Threat Information Products........................ 271
Subtitle B--Cyber Systems and Operations..................... 271
Section 1511--Legacy Information Technologies and Systems
Accountability........................................... 271
Section 1512--Update Relating to Responsibilities of Chief
Information Officer...................................... 271
Section 1513--Protective Domain Name System within the
Department of Defense.................................... 272
Subtitle C--Cyber Weapons.................................... 272
Section 1521--Notification Requirements regarding Cyber
Weapons.................................................. 272
Section 1522--Cybersecurity of Weapon Systems.............. 272
Subtitle D--Other Cyber Matters.............................. 272
Section 1531--Feasibility Study regarding Establishment
within the Department of Defense a Designated Central
Program Office, Headed by a Senior Department Official,
Responsible for Overseeing All Academic Engagement
Programs Focusing on Creating Cyber Talent across the
Department............................................... 272
Section 1532--Prohibition on Chief Information Officer of
the Department of Defense Serving as Principal Cyber
Advisor of the Department................................ 272
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS...................................................... 273
ITEMS OF SPECIAL INTEREST...................................... 273
Space Activities............................................. 273
Alternate Global Positioning System Constellation.......... 273
Arctic Satellite Ground Station............................ 273
Commercial Cloud for Military Space Programs............... 274
Commercial Imagery Capabilities............................ 274
Commercial Radio Frequency Capabilities.................... 275
Commercial Satellite Weather............................... 275
Commercial Space Situational Awareness..................... 267
Efforts to Reduce Space Debris............................. 277
Hybrid Space Architecture.................................. 277
Launch of Experimental Spaceflight Activities.............. 278
Long-term Plan for Preserving American Space Dominance..... 278
Positioning, Navigation, and Timing Infrastructure
Resilience............................................... 279
Report Language for Satellite Cybersecurity--Space
Development Agency....................................... 279
SATCOM Transition Path for Future Capabilities............. 279
Space Warfare Analysis Center.............................. 280
Missile Defense Programs..................................... 281
Layered Defense for the Homeland........................... 281
Leveraging AN/TPY-2 Radar Foreign Military Sales for U.S.
Programs................................................. 281
Lower Tier Air and Missile Defense Sensor (LTAMDS) Program
Protection............................................... 282
Radar Upgrades for Hypersonic Weapons Identification....... 282
Nuclear Forces............................................... 283
Cybersecurity Requirements in the Nuclear Modernization
Life Cycle............................................... 283
Report on Nuclear Command, Control, and Communications
Enterprise Modernization................................. 284
Intelligence Matters......................................... 284
Intelligence Collection Prioritization on Advanced
Technologies of Adversaries.............................. 284
Intelligence Sharing Frameworks............................ 284
Prophet Enhanced Signals Processing Kits................... 285
Report on Challenges to U.S. Security in Space............. 285
Report on China's People's Liberation Army Strategic
Support Force............................................ 286
Report on Intelligence Collection Capabilities and
Activities of U.S. Forces Korea.......................... 286
Report on the origins of SARS-CoV-2 and the COVID-19 global
pandemic................................................. 287
Report on Threats Regarding Weapons of Mass Destruction by
China and Russia......................................... 287
Secretary of Defense briefing related to influence efforts
on U.S. employees by foreign governments................. 287
Ubiquitous Technical Surveillance.......................... 288
Other Matters................................................ 288
Chemical Weapons Stockpile Destruction..................... 288
Defense Biosecurity Efforts................................ 288
Fielding of the Conventional Prompt Strike Weapons System.. 289
Strategy for Biological Defense Vaccines................... 289
Testing Infrastructure to Support Strategic and Missile
Defense Programs......................................... 290
LEGISLATIVE PROVISIONS......................................... 291
Subtitle A--Space Activities................................. 291
Section 1601--Improvements to Tactically Responsive Space
Launch Program........................................... 291
Section 1602--National Security Space Launch Program....... 291
Section 1603--Classification Review of Programs of the
Space Force.............................................. 292
Section 1604--Report on Range of the Future Initiative of
the Space Force.......................................... 292
Section 1605--Norms of Behavior for International Rules-
Based Order in Space..................................... 292
Section 1606--Programs of Record of Space Force and
Commercial Capabilities.................................. 293
Section 1607--Clarification of Domestic Services and
Capabilities in Leveraging Commercial Satellite Remote
Sensing.................................................. 293
Section 1608--National Security Council Briefing on
Potential Harmful Interference to Global Positioning
System................................................... 293
Subtitle B--Defense Intelligence and Intelligence-Related
Activities............................................... 293
Section 1611--Notification of Certain Threats to United
States Armed Forces by Foreign Governments............... 293
Section 1612--Strategy and Plan to Implement Certain
Defense Intelligence Reforms............................. 293
Section 1613--Authority of Under Secretary of Defense for
Intelligence and Security to Engage in Fundraising for
Certain Nonprofit Organizations.......................... 294
Section 1614--Executive Agent for Explosive Ordnance
Intelligence............................................. 294
Section 1615--Inclusion of Explosive Ordnance Intelligence
in Defense Intelligence Agency Activities................ 294
Subtitle C--Nuclear Forces................................... 294
Section 1621--Exercises of Nuclear Command, Control, and
Communications System.................................... 294
Section 1622--Independent Review of Nuclear Command,
Control, and Communications System....................... 294
Section 1623--Review of Safety, Security, and Reliability
of Nuclear Weapons and Related Systems................... 294
Section 1624--Review of Engineering and Manufacturing
Development Contract for Ground-Based Strategic Deterrent
Program.................................................. 295
Section 1625--Long-Range Standoff Weapon................... 295
Section 1626--Prohibition on Reduction of the
Intercontinental Ballistic Missiles of the United States. 296
Section 1627--Limitation on Availability of Certain Funds
until Submission of Information Relating to Proposed
Budget for Nuclear-Armed Sea-Launched Cruise Missile..... 296
Section 1628--Limitation on Availability of Certain Funds
until Submission of Information Relating to Nuclear-Armed
Sea-Launched Cruise Missile.............................. 296
Section 1629--Annual Certification on Readiness of
Minuteman III Intercontinental Ballistic Missiles........ 296
Section 1630--Cost Estimate to Re-Alert Long-Range Bombers. 296
Section 1631--Notification regarding Intercontinental
Ballistic Missiles of China.............................. 296
Section 1632--Information regarding Review of Minuteman III
Service Life Extension Program........................... 297
Section 1633--Sense of Congress regarding Nuclear Posture
Review................................................... 297
Subtitle D--Missile Defense Programs......................... 297
Section 1641--Directed Energy Programs for Ballistic and
Hypersonic Missile Defense............................... 297
Section 1642--Notification of Changes to Non-Standard
Acquisition and Requirements Processes and
Responsibilities of Missile Defense Agency............... 297
Section 1643--Missile Defense Radar in Hawaii.............. 298
Section 1644--Guam Integrated Air and Missile Defense
System................................................... 298
Section 1645--Limitation on Availability of Funds Until
Receipt of Certain Report on Guam........................ 298
Section 1646--Repeal of Transition of Ballistic Missile
Defense Programs to Military Departments................. 298
Section 1647--Certification Required for Russia and China
to Tour Certain Missile Defense Sites.................... 298
Section 1648--Sense of Congress on Next Generation
Interceptor Program...................................... 299
Subtitle E--Other Matters.................................... 299
Section 1651--Cooperative Threat Reduction Funds........... 299
Section 1652--Establishment of Office to Address
Unidentified Aerial Phenomena............................ 299
Section 1653--Matters regarding Integrated Deterrence
Review................................................... 299
Section 1654--Sense of Congress on Indemnification and the
Conventional Prompt Global Strike Weapon System.......... 299
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES............... 300
LEGISLATIVE PROVISIONS......................................... 300
Section 1701--Technical, Conforming, and Clerical
Amendments Related to the Transfer and Reorganization of
Defense Acquisition Statutes............................. 300
Section 1702--Conforming Cross Reference Technical
Amendments Related to the Transfer and Reorganization of
Defense Acquisition Statutes............................. 300
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 300
PURPOSE........................................................ 300
MILITARY CONSTRUCTION AND FAMILY HOUSING OVERVIEW.............. 300
Section 2001--Short Title.................................. 300
Section 2002--Expiration of Authorizations and Amounts
Required To Be Specified by Law.......................... 301
Section 2003--Effective Date............................... 301
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 301
SUMMARY........................................................ 301
ITEMS OF SPECIAL INTEREST...................................... 301
Explanation of Funding Adjustments......................... 301
LEGISLATIVE PROVISIONS......................................... 302
Section 2101--Authorized Army Construction and Land
Acquisition Projects..................................... 302
Section 2102--Family Housing............................... 302
Section 2103--Authorization of Appropriations, Army........ 302
Section 2104--Extension of Authority to Carry Out Certain
Fiscal Year 2017 Project................................. 302
Section 2105--Modification of Authority to Carry Out
Certain Fiscal Year 2021 Project......................... 302
Section 2106--Additional Authorized Funding Source for
Certain Fiscal Year 2022 Project......................... 303
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 303
SUMMARY........................................................ 303
ITEMS OF SPECIAL INTEREST...................................... 303
Explanation of Funding Adjustments......................... 303
LEGISLATIVE PROVISIONS......................................... 305
Section 2201--Authorized Navy Construction and Land
Acquisition Projects..................................... 305
Section 2202--Family Housing............................... 305
Section 2203--Authorization of Appropriations, Navy........ 305
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 305
SUMMARY........................................................ 305
ITEMS OF SPECIAL INTEREST...................................... 306
Explanation of Funding Adjustments......................... 306
LEGISLATIVE PROVISIONS......................................... 307
Section 2301--Authorized Air Force Construction and Land
Acquisition Projects..................................... 307
Section 2302--Family Housing............................... 308
Section 2303--Authorization of Appropriations, Air Force... 308
Section 2304--Extension of Authority to Carry Out Certain
Fiscal Year 2017 Projects................................ 308
Section 2305--Modification of Authority to Carry Out
Military Construction Projects at Tyndall Air Force Base,
Florida.................................................. 308
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 308
SUMMARY........................................................ 308
ITEMS OF SPECIAL INTEREST...................................... 308
Explanation of Funding Adjustments......................... 308
LEGISLATIVE PROVISIONS......................................... 310
Section 2401--Authorized Defense Agencies Construction and
Land Acquisition Projects................................ 310
Section 2402--Authorized Energy Resilience and Conservation
Investment Program Projects.............................. 310
Section 2403--Authorization of Appropriations, Defense
Agencies................................................. 310
Section 2404--Extension of Authority to Carry Out Certain
Fiscal Year 2017 Project................................. 310
TITLE XXV--INTERNATIONAL PROGRAMS................................ 310
SUMMARY........................................................ 310
LEGISLATIVE PROVISIONS......................................... 310
Subtitle A--North Atlantic Treaty Organization Security
Investment Program....................................... 310
Section 2501--Authorized NATO Construction and Land
Acquisition Projects..................................... 310
Section 2502--Authorization of Appropriations, NATO........ 311
Subtitle B--Host Country In-Kind Contributions............... 311
Section 2511--Republic of Korea Funded Construction
Projects................................................. 311
Section 2512--Republic of Poland Funded Construction
Projects................................................. 311
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 311
SUMMARY........................................................ 311
ITEMS OF SPECIAL INTEREST...................................... 311
Explanation of Funding Adjustments......................... 311
LEGISLATIVE PROVISIONS......................................... 312
Section 2601--Authorized Army National Guard Construction
and Land Acquisition Projects............................ 312
Section 2602--Authorized Army Reserve Construction and Land
Acquisition Projects..................................... 312
Section 2603--Authorized Navy Reserve and Marine Corps
Reserve Construction and Land Acquisition Projects....... 313
Section 2604--Authorized Air National Guard Construction
and Land Acquisition Projects............................ 313
Section 2605--Authorized Air Force Reserve Construction and
Land Acquisition Projects................................ 313
Section 2606--Authorization of Appropriations, National
Guard and Reserve........................................ 313
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 313
SUMMARY........................................................ 313
ITEMS OF SPECIAL INTEREST...................................... 313
Explanation of Funding Adjustments......................... 313
LEGISLATIVE PROVISIONS......................................... 314
Section 2701--Authorization of Appropriations for Base
Realignment and Closure Activities Funded through the
Department of Defense Base Closure Account............... 314
Section 2702--Conditions on Closure of Pueblo Chemical
Depot and Chemical Agent Destruction Pilot Plant,
Colorado................................................. 314
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS........... 314
ITEMS OF SPECIAL INTEREST...................................... 314
Air Purification Assessment................................ 314
All-American Abode......................................... 315
Army Compatible Use Buffer Program......................... 315
Arresting Further Science and Technology Infrastructure
Decline.................................................. 315
Assessment of Army Privatized Housing Initiative........... 316
Assessment of Childcare Facilities Needs................... 317
Briefing on the Navy's Future Base Design in Hampton Roads. 317
CNO Integrated Vulnerability Report........................ 317
Conditions of Unaccompanied Personnel Housing.............. 318
Dillingham Airfield Water System........................... 318
DoD Housing Compliance, Disclosure, and Evaluation of
Housing Facilities....................................... 318
Energy Infrastructure at Former Naval Air Station Barbers
Point.................................................... 319
Emergency Generators for Energy Resiliency................. 319
Hawai'i Infrastructure Readiness Initiative................ 320
Housing Assessment for Military and Federal Civilian
Employees................................................ 321
Innovative Building Technologies........................... 321
Installation Security Improvements......................... 322
Installations of the Future................................ 322
Integrated Project Delivery................................ 323
Intergovernmental Support Agreements....................... 324
Land Exchange with the Nisqually Tribe of Indians.......... 324
Leveraging Opportunities for Public-Private Partnerships on
U.S. Military Installations.............................. 324
Lualualei Naval Road/Kolekole Pass......................... 325
Naval Air Weapons Station China Lake Modernization......... 325
Officer and Enlisted Housing Conditions.................... 326
Prioritizing Prototyping Facilities........................ 326
Privatized On-Base Lodging Programs........................ 327
Scoring Improvements and Defense Community Support
Authority................................................ 328
Soo Locks, Sault Ste. Marie, Michigan...................... 328
Support for Gould Island demolition........................ 329
Three Rivers Levee Authority............................... 329
Update on Tenant's Bill of Rights Implementation........... 329
Wait Times for On-Base Housing............................. 330
LEGISLATIVE PROVISIONS......................................... 330
Subtitle A--Military Construction Program Changes............ 330
Section 2801--Special Construction Authority to Use
Operation and Maintenance Funds to Meet Certain United
States Military-Related Construction Needs in Friendly
Foreign Countries........................................ 330
Section 2802--Increase in Maximum Amount Authorized for Use
of Unspecified Minor Military Construction Project
Authority................................................ 330
Section 2803--Increased Transparency and Public
Availability of Information regarding Solicitation and
Award of Subcontracts under Military Construction
Contracts................................................ 330
Section 2804--Public Availability of Information on
Facilities Sustainment, Restoration, and Modernization
Projects and Activities.................................. 331
Section 2805--Limitations on Authorized Cost and Scope of
Work Variations.......................................... 331
Section 2806--Use of Qualified Apprentices by Military
Construction Contractors................................. 331
Section 2807--Modification and Extension of Temporary,
Limited Authority to Use Operation and Maintenance Funds
for Construction Projects in Certain Areas outside the
United States............................................ 331
Subtitle B--Continuation of Military Housing Reforms......... 331
Section 2811--Applicability of Window Fall Prevention
Requirements to All Military Family Housing whether
Privatized or Government-Owned and Government-Controlled. 331
Section 2812--Modification of Military Housing to
Accommodate Tenants with Disabilities.................... 331
Section 2813--Required Investments in Improving Military
Unaccompanied Housing.................................... 332
Section 2814--Improvement of Department of Defense Child
Development Centers and Increased Availability of Child
Care for Children of Military Personnel.................. 332
Subtitle C--Real Property and Facilities Administration...... 332
Section 2821--Secretary of the Navy Authority to Support
Development and Operation of National Museum of the
United States Navy....................................... 332
Section 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............................................... 332
Section 2823--Department of Defense Monitoring of Real
Property Ownership and Occupancy in Vicinity of Military
Installations to Identify Foreign Adversary Ownership or
Occupancy................................................ 332
Subtitle D--Military Facilities Master Plan Requirements..... 332
Section 2831--Cooperation with State and Local Governments
in Development of Master Plans for Major Military
Installations............................................ 332
Section 2832--Prompt Completion of Military Installation
Resilience Component of Master Plans for At-Risk Major
Military Installations................................... 333
Section 2833--Congressional Oversight of Master Plans for
Army Ammunition Plants Guiding Future Infrastructure,
Facility, and Production Equipment Improvements.......... 333
Subtitle E--Matters Related to Unified Facilities Criteria
and Military Construction Planning and Design............ 333
Section 2841--Amendment of Unified Facilities Criteria to
Require Inclusion of Private Nursing and Lactation Space
in Certain Military Construction Projects................ 333
Section 2842--Additional Department of Defense Activities
to Improve Energy Resiliency of Military Installations... 333
Section 2843--Consideration of Anticipated Increased Share
of Electric Vehicles in Department of Defense Vehicle
Fleet and Owned by Members of the Armed Forces and
Department Employees..................................... 333
Section 2844--Conditions on Revision of Unified Facilities
Criteria or Unified Facilities Guide Specifications
regarding Use of Variable Refrigerant Flow Systems....... 333
Subtitle F--Land Conveyances................................. 334
Section 2851--Modification of Restrictions on Use of Former
Navy Property Conveyed to University of California, San
Diego.................................................... 334
Section 2852--Land Conveyance, Joint Base Cape Cod, Bourne,
Massachusetts............................................ 334
Section 2853--Land Conveyance, Rosecrans Air National Guard
Base, Saint Joseph, Missouri............................. 334
Section 2854--Land Conveyance, Naval Air Station Oceana,
Virginia Beach, Virginia................................. 334
Subtitle G--Authorized Pilot Programs........................ 334
Section 2861--Pilot Program on Increased Use of Mass Timber
in Military Construction................................. 334
Section 2862--Pilot Program on Increased Use of Sustainable
Building Materials in Military Construction.............. 334
Section 2863--Pilot Program on Establishment of Account for
Reimbursement for Use of Testing Facilities at
Installations of the Department of the Air Force......... 334
Section 2864--Pilot Program to Expedite 5G
Telecommunications on Military Installations through
Deployment of Telecommunications Infrastructure.......... 334
Subtitle H--Asia-Pacific and Indo-Pacific Issues............. 335
Section 2871--Improved Oversight of Certain Infrastructure
Services Provided by Naval Facilities Engineering Systems
Command Pacific.......................................... 335
Subtitle I--Miscellaneous Studies and Reports................ 335
Section 2881--Identification of Organic Industrial Base
Gaps and Vulnerabilities Related to Climate Change and
Defensive Cybersecurity Capabilities..................... 335
Subtitle J--Other Matters.................................... 335
Section 2891--Clarification of Installation and Maintenance
Requirements regarding Fire Extinguishers in Department
of Defense Facilities.................................... 335
TITLE XXIX--ADDITIONAL MILITARY CONSTRUCTION PROJECTS RELATED TO
SCIENCE, TECHNOLOGY, TEST, AND EVALUATION.................... 335
LEGISLATIVE PROVISIONS......................................... 335
Section 2901--Authorized Army Construction and Land
Acquisition Projects..................................... 335
Section 2902--Authorized Navy Construction and Land
Acquisition Projects..................................... 335
Section 2903--Authorized Air Force Construction and Land
Acquisition Projects..................................... 335
Section 2904--Authorization of Appropriations.............. 336
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 336
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 336
ITEMS OF SPECIAL INTEREST...................................... 336
Advanced Simulation and Computing for Stockpile Stewardship 336
Briefing on Capabilities, Plans, and Strategy with regard
to Artificial Intelligence, Machine Learning, and Data
Science.................................................. 337
Comptroller General Review of Insider Threats to the
Nuclear Security Enterprise.............................. 337
Comptroller General Review of the Enhanced Capability for
Subcritical Experiments Program.......................... 337
Cost Estimating Practices of the National Nuclear Security
Administration........................................... 338
Incentivizing Disposition of Radioactive Sources........... 338
Independent Review Team Report on the B61-12 Life Extension
Program and W88 Alteration 370 Technical Issue........... 339
Leveraging Artificial Intelligence and Innovative
Commercially Available Technology to Secure Department of
Energy Installations..................................... 339
NNSA Management and Operation Contract Risk Mitigation..... 340
Sustaining and Improving Monitoring, Detection, and
Verification Test Bed Capabilities....................... 340
Transition to Independent Audits of Management and
Operating Contractors' Annual Statements of Costs
Incurred and Claimed..................................... 341
LEGISLATIVE PROVISIONS......................................... 341
Subtitle A--National Security Program Authorizations......... 341
Section 3101--National Nuclear Security Administration..... 341
Section 3102--Defense Environmental Cleanup................ 341
Section 3103--Other Defense Activities..................... 341
Section 3104--Nuclear Energy............................... 342
Subtitle B--Program Authorizations, Restrictions,
Limitations, and Other Matters........................... 342
Section 3111--Improvements to Annual Reports on Condition
of the United States Nuclear Stockpile................... 342
Section 3112--Modifications to Certain Reporting
Requirements............................................. 342
Section 3113--Plutonium Pit Production Capacity............ 342
Section 3114--Report on Runit Dome and Related Hazards..... 342
Section 3115--University-Based Nuclear Non Proliferation
Collaboration Program.................................... 343
Section 3116--Prohibition on the Availability of Funds to
Reconvert or Retire W76-2 Warheads....................... 343
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 343
LEGISLATIVE PROVISIONS......................................... 343
Section 3201--Authorization................................ 343
Section 3202--Technical Amendments regarding Chair and Vice
Chair of Defense Nuclear Facilities Safety Board......... 343
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 343
LEGISLATIVE PROVISIONS......................................... 343
Section 3401--Authorization of Appropriations.............. 343
TITLE XXXV--MARITIME MATTERS..................................... 344
LEGISLATIVE PROVISIONS......................................... 344
Subtitle A--Maritime Administration.......................... 344
Section 3501--Authorization of the Maritime Administration. 344
Section 3502--Maritime Administration...................... 344
Subtitle B--Other Matters.................................... 344
Section 3511--Effective Period for Issuance of
Documentation for Recreational Vessels................... 344
Section 3512--America's Marine Highway Program............. 344
Section 3513--Committees on Maritime Matters............... 344
Section 3514--Port Infrastructure Development Program...... 344
Section 3515--Uses of Emerging Marine Technologies and
Practices................................................ 344
Section 3516--Prohibition on Participation of Long Term
Charters in Tanker Security Fleet........................ 344
Section 3517--Coastwise Endorsement........................ 345
Section 3518--Report on Efforts of Combatant Commands to
Combat Threats Posed by Illegal, Unreported, and
Unregulated Fishing...................................... 345
Section 3519--Coast Guard Yard Improvement................. 345
Section 3520--Authorization to Purchase Duplicate Medals... 345
DIVISION D--FUNDING TABLES....................................... 345
Section 4001--Authorization of Amounts in Funding Tables... 345
Summary of National Defense Authorizations for Fiscal Year
2022..................................................... 345
National Defense Budget Authority Implication.............. 350
TITLE XLI--PROCUREMENT........................................... 352
Section 4101--Procurement.................................. 354
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 400
Section 4201--Research, Development, Test, and Evaluation.. 400
TITLE XLIII--OPERATION AND MAINTENANCE........................... 452
Section 4301--Operation and Maintenance.................... 452
TITLE XLIV--MILITARY PERSONNEL................................... 478
Section 4401--Military Personnel........................... 478
TITLE XLV--OTHER AUTHORIZATIONS.................................. 479
Section 4501--Other Authorizations......................... 479
TITLE XLVI--MILITARY CONSTRUCTION................................ 482
Section 4601--Military Construction........................ 482
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 499
Section 4701--Department of Energy National Security
Programs................................................. 499
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS.................... 510
TITLE L--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT............................................ 510
Section 5001--Short Title.................................. 510
Section 5002--Clarifying Amendments to Definitions......... 510
Section 5003--Barry Goldwater Scholarship and Excellence in
Education Awards......................................... 510
Section 5004--Stipends..................................... 510
Section 5005--Scholarship and Research Internship
Conditions............................................... 510
Section 5006--Sustainable Investments of Funds............. 510
Section 5007--Administrative Provisions.................... 511
TITLE LI--FINANCIAL SERVICES MATTERS............................. 511
Section 5101--Enhanced Protection against Debt Collector
Harassment of Servicemembers............................. 511
Section 5102--Comptroller General Study on Enhanced
Protection against Debt Collector Harassment of
Servicemembers........................................... 511
Section 5103--Support to Enhance the Capacity of
International Monetary Fund Members to Evaluate the Legal
and Financial Terms of Sovereign Debt Contracts.......... 511
Section 5104--Adverse Information in Cases of Trafficking.. 511
Section 5105--United States Policy regarding International
Financial Institution Assistance with Respect to Advanced
Wireless Technologies.................................... 511
TITLE LII--RECOMMENDATIONS OF THE NATIONAL SECURITY COMMISSION ON
ARTIFICIAL INTELLIGENCE...................................... 512
ITEMS OF SPECIAL INTEREST...................................... 512
Additional Software Acquisition Contracting Mechanism...... 512
Comptroller General Report on STEM/AI Workforce Development 512
Enhancing Department of Defense Innovation Efforts Focused
on Policy Analytics and Insights......................... 513
LEGISLATIVE PROVISIONS......................................... 514
Section 5201--Modification of National Defense Science and
Technology Strategy...................................... 514
Section 5202--Department of Defense Plan to Compete in the
Global Information Environment........................... 514
Section 5203--Resourcing Plan for Digital Ecosystem........ 514
Section 5204--Digital Talent Recruiting Officer............ 514
Section 5205--Occupational Series for Digital Career Fields 514
Section 5206--Artificial Intelligence Readiness Goals...... 515
Section 5207--Pilot Program to Facilitate the Agile
Acquisition of Technologies for Warfighters.............. 515
Section 5208--Short Course on Emerging Technologies for
Senior Civilian Leaders.................................. 515
TITLE LIII--GREAT LAKES WINTER SHIPPING.......................... 515
Section 5301--Great Lakes Winter Shipping.................. 515
TITLE LX--OTHER MATTERS.......................................... 515
Section 6001--FAA Rating of Civilian Pilots of the
Department of Defense.................................... 515
Section 6002--Property Disposition for Affordable Housing.. 515
Section 6003--Requirement to Establish a National Network
for Microelectronics Research and Development............ 516
Section 6004--Definition of State for Purposes of Omnibus
Crime Control and Safe Streets Act of 1968............... 516
Section 6005--Advancing Mutual Interests and Growing Our
Success.................................................. 516
Section 6006--Department of Veterans Affairs Governors
Challenge Grant Program.................................. 516
Section 6007--Foreign Corruption Accountability............ 516
Section 6008--Justice for Victims of Kleptocracy........... 516
Section 6009--Expansion of Scope of Department of Veterans
Affairs Open Burn Pit Registry to Include Open Burn Pits
in Egypt and Syria....................................... 516
Section 6010--Extension of Period of Eligibility by Reason
of School Closures Due to Emergency and Other Situations
under Department of Veterans Affairs Training and
Rehabilitation Program for Veterans with Service-
Connected Disabilities................................... 517
Section 6011--Extension of Time Limitation for Use of
Entitlement under Department of Veterans Affairs
Educational Assistance Programs by Reason of School
Closures Due to Emergency and Other Situations........... 517
Section 6012--Exemption of Certain Homeland Security Fees
for Certain Immediate Relatives of an Individual Who
Received the Purple Heart................................ 517
Department of Defense Authorization Request...................... 517
Communications from Other Committees............................. 520
Congressional Budget Office Estimate............................. 537
Statement Required by the Congressional Budget Act............... 539
Committee Cost Estimate.......................................... 540
Disclosure of Earmarks and Congressionally Directed Spending
Items.......................................................... 540
Oversight Findings............................................... 546
General Performance Goals and Objectives......................... 546
Statement of Federal Mandates.................................... 546
Federal Advisory Committee Statement............................. 546
Applicability to the Legislative Branch.......................... 546
Duplication of Federal Programs.................................. 546
Committee Votes.................................................. 547
Changes in Existing Law Made by the Bill, as Reported............ 570
Additional Views................................................. 571
Dissenting Views................................................. 574
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-118
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
_______
September 10, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Washington, from the Committee on Armed Services,
submitted the following
R E P O R T
together with
ADDITIONAL AND DISSENTING VIEWS
[To accompany H.R. 4350]
[Including cost estimate of the Congressional Budget Office]
The Committee on Armed Services, to whom was referred the
bill (H.R. 4350) to authorize appropriations for fiscal year
2022 for military activities of the Department of Defense and
for military construction, to prescribe military personnel
strengths for such fiscal year, and for other purposes, having
considered the same, reports favorably thereon with amendments
and recommends that the bill as amended do pass.
The amendments are as follows:
The amendment strikes all after the enacting clause of the
bill and inserts a new text which appears in italic type in the
reported bill.
The title of the bill is amended to reflect the amendment
to the text of the bill.
PURPOSE OF THE LEGISLATION
The bill would: (1) authorize appropriations for fiscal
year 2022 for procurement and for research, development, test,
and evaluation; (2) authorize appropriations for fiscal year
2022 for operation and maintenance and for working capital
funds; (3) authorize for fiscal year 2022 the personnel
strength for each Active Duty Component of the military
departments, and the personnel strength for the Selected
Reserve for each Reserve Component of the Armed Forces; (4)
modify various elements of compensation for military personnel
and impose certain requirements and limitations on personnel
actions in the defense establishment; (5) authorize
appropriations for fiscal year 2022 for military construction
and family housing; (6) authorize appropriations for fiscal
year 2022 for the Department of Energy national security
programs; and (7) authorize appropriations for fiscal year 2022
for the Maritime Administration.
RATIONALE FOR THE COMMITTEE BILL
H.R. 4350, the National Defense Authorization Act for
Fiscal Year 2022, is the primary vehicle through which Congress
fulfills its responsibility as mandated in Article I, Section
8, of the Constitution of the United States, which grants
Congress the power to provide for the common defense, to raise
and support an Army, to provide and maintain a Navy, and to
make rules for the government and regulation of the land and
naval forces. Rule X of the House of Representatives provides
the House Committee on Armed Services with jurisdiction over
the Department of Defense generally and over the military
application of nuclear energy. The committee bill includes
findings and recommendations resulting from its oversight
activities, conducted through hearings and briefings with
Department of Defense and Department of Energy civilian and
military officials, intelligence analysts, outside experts, and
industry representatives, and it is informed by institutional
experience. H.R. 4350 provides the Department of Defense and
the Department of Energy with important policy authorities to
speed decision making and improve agility, while improving
readiness and increasing capabilities and capacities.
H.R. 4350 authorizes a defense enterprise that draws on all
sources of our national power, one that draws on our diversity,
vibrant economy, dynamic civil society, innovative
technological base, enduring democratic values, and our broad
and deep network of partnerships and alliances around the
world.
Central to H.R. 4350 is the focus on improving the lives of
our men and women in uniform. The committee believes our
service members confront unique, complex challenges and deserve
our support.
H.R. 4350 meets the committee's goal of facilitating a
strong national defense apparatus that is resourced properly,
accountable for its actions, and cognizant of the essential and
direct oversight role of Congress. H.R. 4350 emphasizes
transformational change and leans forward to fortify the
Department's technological advantage to respond to ensure our
servicemembers have the tools required to address growing
threats in this area. H.R. 4350 allows our military to improve
readiness, expand capabilities, and invest in the new
technologies required to secure our country and protect us
against our adversaries.
HEARINGS
In compliance with clause 3(c) of rule XIII, (1) the
following hearing was used to develop or consider H.R. 4350:
On June 23, 2021, the committee held a hearing, ``The
Fiscal Year 2022 National Defense Authorization Budget Request
from the Department of Defense''. (2) The following related
hearings were held:
On February 17, 2021, the committee held a hearing,
``Update on the Department of Defense's Evolving Roles and
Mission in Response to the COVID-19 Pandemic''.
On March 10, 2021, the committee held a hearing, ``National
Security Challenges and U.S. Military Activities in the Indo-
Pacific''.
On March 24, 2021, the committee held a hearing, Extremism
in the Armed Forces''.
On April 14, 2021, the committee held a hearing, ``National
Security Challenges and U.S. Military Activity in North and
South America''.
On April 15, 2021, the committee held a hearing, ``National
Security Challenges and U.S. Military Activities in Europe''.
On April 20, 2021, the committee held a hearing, ``National
Security Challenges and U.S. Military Activities in the Greater
Middle East and Africa''.
On April 28, 2021, the committee held a hearing, ``The
Department of Defense's Financial Improvement and Audit
Readiness Plan: Fiscal Year 2020 Audit Results and the Path
Forward''.
On May 5, 2021, the committee held a hearing, ``Member
Day''.
On May 12, 2021, the committee held a hearing, ``An Update
on Afghanistan''.
On May 19, 2021, the committee held a hearing,
``Recommendations of the National Commission on Military,
National, and Public Service''.
On June 15, 2021, the committee held a hearing,
``Department of the Navy Fiscal Year 2022 Budget Request''.
On June 16, 2021, the committee held a hearing,
``Department of the Air Force Fiscal Year 2022 Budget
Request''.
On June 23, 2021, the committee held a hearing, ``The
Fiscal Year 2022 National Defense Authorization Budget Request
from the Department of Defense''.
On June 29, 2021, the committee held a hearing, ``The
Fiscal Year 2022 National Defense Authorization Budget Request
for the Department of the Army''.
On July 20, 2021, the committee held a hearing, ``Non-
Governmental Views on the Fiscal Year 2022 Department of
Defense Budget''.
In addition, the seven subcommittees of the committee
conducted 19 hearings and 7 markups to develop and consider
H.R. 4350.
COMMITTEE POSITION
On September 1, 2021, the Committee on Armed Services held
a markup session to consider H.R. 4350. The committee ordered
the bill H.R. 4350, as amended, favorably reported to the House
of Representatives by a recorded vote of 47-2, a quorum being
present.
EXPLANATION OF THE COMMITTEE AMENDMENTS
The committee adopted an amendment in the nature of a
substitute during the consideration of H.R. 4350. The title of
the bill is amended to reflect the amendment to the text of the
bill. The remainder of the report discusses the bill, as
amended.
RELATIONSHIP OF AUTHORIZATION TO APPROPRIATIONS
The bill does not provide budget authority. This bill
authorizes appropriations; subsequent appropriations acts will
provide budget authority. However, the committee strives to
adhere to the recommendations as issued by the Committee on the
Budget as it relates to the jurisdiction of this committee.
The bill addresses the following categories in the
Department of Defense budget: procurement; research,
development, test, and evaluation; operation and maintenance;
military personnel; working capital funds; and military
construction and family housing. The bill also addresses the
Armed Forces Retirement Home, Department of Energy National
Security Programs, the Naval Petroleum Reserve, and the
Maritime Administration.
Active Duty and Reserve personnel strengths authorized in
this bill and legislation affecting compensation for military
personnel determine the remaining appropriation requirements of
the Department of Defense. However, this bill does not provide
authorization of specific dollar amounts for military
personnel.
SUMMARY OF DISCRETIONARY AUTHORIZATIONS IN THE BILL
The President requested discretionary budget authority of
$743.1 billion for national defense programs within the
jurisdiction of the committee for fiscal year 2022. Of this
amount, $714.8 billion was requested for Department of Defense
programs, $27.9 billion was requested for Department of Energy
national security programs and the Defense Nuclear Facilities
Safety Board, and $0.4 billion was requested for defense-
related activities associated with the Maritime Administration.
The committee recommends an overall discretionary
authorization for national defense of $768.1 billion in fiscal
year 2022. The committee authorization represents a $36.5
billion increase above the national defense levels provided for
in the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
The table preceding the detailed program adjustments in
division D of this report summarizes the committee's
recommended discretionary authorizations by appropriation
account for fiscal year 2022 and compares these amounts to the
President's request.
BUDGET AUTHORITY IMPLICATION
The President's total request for the national defense
budget function (050) in fiscal year 2022 is $765.5 billion, as
estimated by the Congressional Budget Office. In addition to
funding for programs addressed in this bill, the total 050
request includes discretionary funding for national defense
programs not in the committee's jurisdiction, discretionary
funding for programs that do not require additional
authorization in fiscal year 2022, and mandatory programs.
The table preceding the detailed program adjustments in
division D of this report details changes to the budget request
for all aspects of the national defense budget function.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Aircraft Procurement, Army
Items of Special Interest
Assured Communications on Tactical Unmanned Aerial Systems in Highly
Contested Environments
The committee anticipates that future combat operations
will involve increasingly hostile radio frequency environments
requiring improved low probability of detection, low
probability of intercept, low probability of exploitation, and
anti-jam tactical communications capability. The committee
commends the Army and Air Force officials for working with
industry partners to develop a multicarrier spread spectrum
protected waveform designed to resolve gaps in wideband
tactical data link terminals that are critical to Unmanned
Aerial Systems (UAS) operations in highly contested
environments. This capability will help ensure secure,
persistent, reliable communications required for UAS tactical
operations.
The committee remains interested in continued efforts to
mature assured communications technologies. Accordingly, the
committee directs the Secretary of the Army, in coordination
with Commander, Army Futures Command, to provide a briefing to
the House Armed Services Committee not later than March 1,
2022, on plans to accelerate fielding of a next-generation
protected waveform. The briefing shall include the Army's plans
to:
(1) expand research and development efforts to scale
terminals for multiple applications and to address adjacent
functions, such as electronic warfare techniques;
(2) port to small form-factor radios and demonstrate
airborne testing on relevant tactical UAS platforms;
(3) augment additional capabilities like multiple-access
networking or burst-mode transmission;
(4) optimize processor architecture to improve size,
weight, power, and cost; and
(5) achieve any other critical next generation features.
The briefing should also explain what steps the Department
is taking to integrate next-generation secure waveforms with a
multi-channel antenna for assured communications.
Litter Load Stability Technology
The committee is aware that load stability technology has
the potential to offer performance and safety improvements for
military utility and medical evacuation helicopters. The
committee understands that Army Futures Command and Army
Program Directorate Medical Evacuation have conducted test and
evaluation of litter-attached load stability systems on
helicopter hoists. The committee supports completing any
further testing and certification of this type of safety
stabilization technology and allowing units to make use of this
capability for life-saving and other missions. Therefore, the
committee directs the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology to provide a briefing to
the House Committee on Armed Services no later than March 31,
2022, on the remaining testing required on load stabilization
technology and the status of plans to procure and field this
capability to Army aviation units, to include estimated cost
and schedule.
Missile Procurement, Army
Items of Special Interest
Extended Range Air Defense
The committee notes the Army's efforts to restore its
short-range air defense (SHORAD) systems capability and
capacity. Of the capabilities tested, the Army is pursuing the
Initial Maneuver SHORAD (IM-SHORAD) system consisting of a
Stryker vehicle equipped with multiple air defense weapons
including its existing air defense missile. The Army plans to
begin fielding IM-SHORAD vehicles in fiscal year 2021.
However, the committee is concerned there may be a
requirement to engage hostile aircraft at greater ranges to
successfully protect U.S. and allied ground forces. Therefore,
the committee directs the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology to provide a briefing to
the House Committee on Armed Services by December 30, 2021, on
the Army's plans for sustaining and improving SHORAD system
capability and capacity to meet current and potential air
threats. This briefing should address issues including, but not
limited to, the technology options under consideration for
SHORAD capability improvements, force structure options under
consideration for SHORAD capacity improvements, the schedule
and funding profiles through the Future Years Defense Program
associated with each option, the relative priority for
modernizing SHORAD systems in the Army's modernization
strategy, and options for mitigation of short-term air defense
risk while SHORAD improvements are developed, procured, and
fielded.
Procurement of Weapons and Tracked Combat Vehicles, Army
Items of Special Interest
Armored plate technical performance specifications
The committee is aware that several Army armored vehicles
currently in production specify the use of proprietary branded
armor plate products and that sources for some of these
products are uncertain or potentially unreliable. The committee
is concerned that the practice of specifying proprietary or
brand-name products, rather than a technical performance
specification, may reduce the ability of domestic manufacturers
of equivalent products to fairly compete for subcontracts and
may pose unacceptable risk to the supply chain for such
products. Therefore, the committee directs the Secretary of the
Army to provide a briefing to the House Committee on Armed
Services not later than March 1, 2022, concerning the full
extent to which proprietary branded armor plate products are
used in armored vehicle production by the Army; the extent to
which such products are supplied by foreign sources or foreign-
owned entities; and the efforts the service is taking to
establish military technical performance specifications for
armor plate material for use in armored vehicles.
M240 medium machine gun
The committee is concerned about the Army's management of
risk in the M240 medium machine gun industrial base. The
committee understands the Army has achieved the procurement
objective for the M240 medium machine gun, and that the current
M240 acquisition and sustainment strategy is to end production
of new machine guns and rely on replacement of individual
parts. The committee's concern is focused on the implications
of closing a production line that would be expensive and
difficult to reestablish at a later date, risking an industrial
base that lacks the capacity and capability necessary to
support current and future military requirements.
Accordingly, the committee directs the Secretary of the
Army to provide a briefing to the House Committee on Armed
Services not later than January 28, 2022, that includes details
on the state of the small arms industrial base both currently
and as planned based on the fiscal year 2022 Future Years
Defense Plan; the expected impacts to the small arms industrial
base of closing production lines such as the M240; and options
to manage risk in the small arms industrial base through the
sustainment, upgrade, or replacement of existing weapons.
Procurement of Ammunition, Army
Items of Special Interest
Conventional ammunition demilitarization
The committee is concerned about the growing stockpile of
obsolete or expired munitions and the yearlong contract award
delay for the ongoing conventional ammunition demilitarization
mission. The committee notes that the original award date was
planned for September 2020. The committee understands that the
dangerous and challenging process of munition demilitarization
requires the combination of a proven workforce and highly
specialized equipment to safely handle and dispose of
explosives and hazardous munitions. The committee is further
concerned that continued uncertainty and contract award delays
have resulted in poor program execution of previously enacted
funds.
Therefore, the committee directs the Secretary of the Army
to submit a report to the Committees on Armed Services of the
Senate and the House of Representatives not later than December
30, 2021, that addresses the Army's obligations and
expenditures of the conventional demilitarization budget. The
report should include the strategy for the utilization of each
government-owned/government-operated, government-owned/
contractor-operated, and contractor-owned/contractor-operated
activity and include an analysis of the recent cost-benefit and
cost trends data, recycling costs, efficiency, and
environmental compliance.
Medium caliber ammunition
The committee supports and encourages the Army's careful
management of production capacity, capability, and risk in its
medium caliber ammunition industrial base. The committee is
also aware that the Army is evaluating the adequacy of and risk
associated with medium caliber industrial base production
capability and capacity for 20mm to 30mm ammunition. The
committee is further aware that adequate production capability
and capacity exists today, within a competitive procurement
environment, with two North American vendors. Given this
ongoing evaluation, the committee directs the Secretary of the
Army to provide a briefing to the House Committee on Armed
Services not later than December 30, 2021, on the current
medium caliber direct-fire ammunition acquisition strategy and
future changes, if any, under consideration. The briefing shall
include cost-benefit considerations and potential industrial
base impacts to any future medium caliber ammunition
acquisitions.
Other Procurement, Army
Items of Special Interest
Army modular open systems architecture
The committee notes the Army's progress with the
development of Command, Control, Communications, Computers,
Intelligence, Surveillance and Reconnaissance (C4ISR) Modular
Open Suite of Standards (CMOSS). However, the committee is
concerned about an apparent lack of sufficient policy and
programmatic governance with the research, development,
testing, and decision-making associated with these standards,
as well as the enforcement of these standards throughout the
research, development, acquisition, and sustainment cycles
across programs for the upgrade, modernization, or replacement
of equipment and weapon systems. Therefore, the committee
directs the Secretary of the Army to provide a briefing to the
House Committee on Armed Services by December 30, 2021, on
plans for the establishment of a governance system for CMOSS
that includes the formal assignment of responsibility,
authority, and accountability for the development of CMOSS
standards and their enforcement. The briefing should include
how such a governance system incentivizes programs of record to
ensure their compliance with current and future CMOSS
requirements.
Enhanced Night Vision Goggle-Binocular
The committee continues to support the Army's Enhanced
Night Vision Google--Binocular (ENVG-B) program. ENVG-B
provides the U.S. Army's close combat forces with the critical
visual situational awareness necessary for engaging in close
combat and combat support operations in all weather conditions,
through obscurants, during limited visibility, and under all
lighting conditions. ENVG-B technology utilizes thermal sensors
and white phosphor dual Image Intensification (I2) tubes, both
of which are key to low-light functionality and
interoperability with other Army target acquisition devices and
weapons. The committee supports the continued fielding of ENVG-
B. Furthermore, the committee directs the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology to
provide a briefing to the House Committee on Armed Services not
later than December 30, 2021, on the acquisition strategy for
procurement and fielding of all night vision devices to include
testing and fielding schedules for each program, funding
profiles, and acquisition objectives. The briefing should also
include how the Army plans to ensure competition among current
and future technologies and management of risk in the
industrial base, and to ensure technology innovations in ENVG-B
functionality are able to be rapidly manufactured and
integrated into qualified fielded systems.
Firefighting equipment modernization
The committee recognizes the importance of fire safety and
firefighting capabilities at all military installations at home
and around the world. Managing risk at acceptable levels
against the loss of property or lives, as well as meeting the
legal and regulatory requirements of fire safety, protection,
and response, requires that military and civilian firefighters
have modern, capable, and reliable equipment. Critical
firefighting equipment such as structural fire engines, ladder
trucks, water tankers, and supporting items such as
communications define how such requirements are identified and
risks managed. Modern capabilities for fire safety and response
reduce the risk of loss for infrastructure and military
equipment, and most importantly, protect the safety and lives
of service members, families, and the Department of Defense's
civilian workforce.
The committee acknowledges the opportunity that modern
firefighting equipment provides to efficiently and effectively
respond to events and, therefore, manage risk. At the same
time, the committee clearly sees the danger of allowing
firefighting capabilities to atrophy, wear out, and become
unreliable or obsolete. Accordingly, the committee strongly
encourages the Department to invest in the procurement of
modern firefighting and fire safety equipment and prioritize
its fielding to installations lacking proper equipment to meet
the legal and regulatory requirements for fire safety and fire
emergency response.
High frequency radio infrastructure
The committee supports modernization of high frequency
radio infrastructure, including fielding of near-term
technology upgrades to infrastructure that provide continued
beyond-line-of-sight communications capability in the event of
the disruption of primary systems. The committee encourages the
Department of Defense to coordinate with other Federal agencies
to identify a central coordinating authority for high frequency
operational interoperability and modernization planning.
Furthermore, the committee directs the Under Secretary of
Defense for Acquisition and Sustainment to provide a briefing
to the House Committee on Armed Services not later than
December 30, 2021, on high frequency communications
infrastructure, including modernization plans, coordination
between Federal agencies, and infrastructure resiliency.
High Mobility Multipurpose Wheeled Vehicle rollover mitigation
The committee remains concerned about tactical vehicle
accidents resulting in serious injuries and fatalities. A
significant number of accidents with the most serious injuries
or loss of life appear to be those involving vehicle rollovers
based on excessive speed, mishandling, or breaking. Although
environmental conditions, operator training, supervision, and
discipline are almost always contributing factors in these
accidents, there is evidence that for some tactical vehicles,
their technical capabilities can be improved to reduce such
risks. This is particularly the case with older models of the
widely used High Mobility Multipurpose Wheeled Vehicle (HMMWV).
To deal with this challenge for the HMMWV fleet, the Army
designed, developed, and validated an antilock brake system and
electronic stability control (ABS/ESC) rollover mitigation
solution for installation over time onto the existing HMMWV
fleet. In 2018, the Army mandated that all new production
HMMWVs must have the ABS/ESC installed. Since July 2018, the
Army has received approximately 5,000 new production or
recapitalized HMMWV vehicles with ABS/ESC installed. In 2019,
the Army created an ABS/ESC retrofit kit to upgrade the fielded
fleet for installation at either the depot or home station.
This dual approach, production and retrofit, will ensure that
all HMMWVs in the enduring fleet eventually include installed
ABS/ESC rollover mitigation technology.
The committee is concerned, however, that the Army
investment in new production and retrofit installations, either
at home station or the depot, is not as aggressive as necessary
to manage risk in the HMMWV fleet. Given there are over 54,000
HMMWVs in the fielded fleet that are older models without
installed rollover kits, the committee is concerned that the
fleet upgrade may take longer than prudent risk allows.
Accordingly, the committee directs the Assistant Secretary of
the Army for Acquisition, Logistics, and Technology to provide
a briefing to the House Committee on Armed Services by December
30, 2021, on the Army's plans, including schedule and funding
profiles, for the completion of the installation of rollover
mitigation kits onto all HMMWVs the Army plans to retain.
Joint Light Tactical Vehicle Acquisition Strategy
The Committee recognizes that the Joint Light Tactical
Vehicle (JLTV) offers the protection and off-road mobility
needed to support operations along the full spectrum of
conflict and will serve as part of the Army and Marine Corps
tactical wheeled vehicle (TWV) fleet for decades. The Committee
also understands that the Army plans to initiate a full and
open competitive process for a new JLTV production contract in
fiscal year 2022. The committee is concerned, however, that
Army leadership's decisions over the last three years have
failed to provide stable funding to support documented
production plans and introduced avoidable risk within the JLTV
supplier base. Accordingly, the committee directs the Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology, not later than March 1, 2022, to provide a report
to the House Armed Services Committee that reassesses the
health of the JLTV industrial base and the business case for a
competition for future JLTV production.
Magazine acquisition for the Next Generation Squad Weapon
The committee understands that rifle magazine malfunctions
threaten a soldier's survival in combat and reduce operator
lethality. The committee expects that the Army's Next
Generation Squad Weapon will perform as reliably as legacy
platforms. The committee encourages the Army to field the best-
performing magazine with respect to reliability for the Next
Generation Squad Weapon. Furthermore, the committee encourages
the Army to consider the following qualifications for magazines
throughout the acquisition process, such as overall weapon and
magazine related Mean Rounds Between Stoppages (MRBS)
requirements; how joint utilization of the Next Generation
Squad Weapon across the military services and by allied nations
would impact said qualifications; how the Army will be
evaluating the potential suppliers for average MRBS;
performance in extreme temperature conditions; and resiliency
against chemicals, corrosive substances, and UV radiation.
Rifle Integrated Controller
The committee understands the U.S. Army is currently
conducting research, development, test, and evaluation in the
development of soldier systems that improve lethality, optics,
image intensification, fire control, and many more functions.
In consideration of this effort, the committee encourages the
Army to evaluate technology that integrates these capabilities
into a simplified control platform.
The committee recognizes the challenges that exist for an
individual soldier to operate separate situational awareness,
communications, target designators, thermal sights, and other
battle management devices and notes a Rifle Integrated
Controller (RIC) system could consolidate these disparate
capabilities into one unified capability. The committee
encourages the Chief of Staff of the Army to consider a rapid
acquisition strategy to accelerate the operational testing,
procurement, and fielding of a RIC utilizing existing
acquisition reform authorities.
Soldier Enhancement Program
The budget request contained $1.3 million for the Soldier
Enhancement Program (SEP). The committee is concerned that the
Army's budget request for fiscal year 2022 appears to
inadequately fund the SEP. Since its creation by Congress in
1990, SEP has served a unique and critical function to
accelerate the evaluation and procurement of off-the-shelf
items with the potential to substantially improve weapons and
support equipment in the areas of fires, mission command,
movement and maneuver, sustainability, and protection. SEP is a
low-risk, low-cost, high-payoff investment that has also
demonstrated consistent success, in close collaboration with
industry, in addressing mission-critical and training-critical
soldier needs in a timely and highly cost-effective manner.
The committee notes that enduring operational and threat
environments demonstrate the continued need for this successful
and critical research, development, and acquisition activity.
Therefore, the committee directs the Secretary of the Army to
provide a briefing to the House Committee on Armed Services not
later than December 30, 2021, on its plans to fulfill the
critical soldier equipment evaluation and acquisition role
played by SEP, as well as the distribution of responsibility
and authority for budgeting and the management of the execution
of the program. Furthermore, the committee recommends $6.3
million, an increase of $5.0 million, for the SEP.
Synthetic Training Environment
The committee recognizes the future role that the Army
expects the Synthetic Training Environment (STE) will play in
preparing a wide range of next-generation training capabilities
for soldiers and units. The STE Live Training System (LTS)
segment of this program in particular seeks to provide combat
units with simulators and simulations for training in dynamic
real-world scenarios that will accelerate and sustain soldier
skills and improve overall unit readiness. The STE-LTS has the
potential to provide the Army with a high-fidelity
representation of real combat scenarios, including simulated
direct and indirect fire engagements, that integrates synthetic
and live training and enhances warfighter readiness. The
committee will continue to follow the Army's plans to
accelerate live training efforts and encourages the Army to
continue STE-LTS development.
Aircraft Procurement, Navy
Items of Special Interest
CMV-22
The V-22 is an assault support tilt-rotorcraft that
provides unparalleled flexibility by combining the vertical
takeoff/landing strengths of a helicopter with the speed (250+
knots) and range (425 nautical miles combat radius) advantages
of a turbo-prop airplane. It is the only tiltrotor in the
Department of Defense inventory and is in high demand
throughout the world. Fiscal year 2022 is the final year of a
multiyear procurement (MYP) contract authorized by Congress in
fiscal year 2018. Congress has added V-22s the last 4 years to
pull remaining aircraft into the MYP contract, resulting in a
reduced price for the aircraft and faster delivery to the
fleet. There are only five remaining V-22s outside of the last
year of the MYP contract. The committee encourages the Navy to
support the full program of record for the CMV-22.
Nacelle Improvement
The Committee notes that the United States Air Force has
requested funding to modernize and upgrade its fleet of CV-22
aircraft, specifically for Nacelle Improvements. The Air Force
Nacelle Improvement program is specifically engineered to
attack the highest reliability and readiness degraders within
the nacelle, which constitute nearly 60% of maintenance actions
on the aircraft. Nacelle improvements are a top priority for
improving V-22 readiness across all variants. Therefore, the
committee recommends an additional $5,000,000 for the Air Force
upgrades.
Additionally, the committee recommends that the US Marine
Corps leverage the Air Force's investment in nacelle
improvement and initiates a plan to begin the upgrades and
install the nacelle improvement kits on their fleet of MV-22
aircraft. The committee recognizes that the most efficient
means of implementing the Nacelle Improvement program across
the fleet may be to do this work at the original equipment
manufacturer final assembly facility. The committee believes
that there is the potential to save money, reduce down-time of
the aircraft, and impact the entire program in an extremely
positive manner. Therefore, the committee directs the Secretary
of the Navy to prepare a brief to the House Committee on Armed
Services by March 1, 2022 as to options to accelerate MV-22
nacelle improvements.
Naval adversary aircraft recapitalization
The committee is aware of evolving requirements for the
Navy to maintain near-peer simulated air-to-air combat training
scenarios using organically provided aggressor aircraft that
can emulate capabilities similar to those of advanced threat
airborne adversaries. The committee supports continuing efforts
to increase capabilities of aircraft assigned squadrons
responsible for providing adversary aggressor training, but has
concerns about Navy plans to use foreign F-5 and pre-block F-16
aircraft, which are older and less capable than the aircraft of
advanced adversaries, to perform this mission long term. Due to
the criticality of simulating relevant adversary air tactics
and capabilities, the committee believes that the Navy should
instead reprioritize planned funding to transition organic
aggressor squadrons away from less capable aircraft to a more
advanced and capable platform, such as the F/A-18E/F Super
Hornet, that would more effectively support the adversary air
training mission requirements. The committee is also
discouraged by Navy plans to reduce tactical fighter aircraft
capacity by designating certain adversary air aggressor
squadrons as no longer deployable to meet warfighting
contingency requirements in order to resolve the significant
strike-fighter inventory shortfall that currently exists within
the Navy.
Therefore, the committee directs the Secretary of the Navy
to submit a report to the congressional defense committees not
later than March 21, 2022, that provides an alternative plan to
transition all Navy Reserve Component aggressor squadrons to a
more capable and relevant aircraft within a 10-year timeframe.
The report should include a holistic overview and description
of the validated mission requirements of the Navy's current
adversary aircraft aggressor enterprise and assess how less
capable aircraft, such as F-5 and pre-block F-16 aircraft, will
meet future training requirements and capabilities necessary to
represent near-peer threat-based scenarios. Finally, the report
should also identify the risk and fleet sustainment costs
incurred by the continued employment of older, less capable
aircraft attempting to provide realistic and relevant adversary
air mission training for the Navy's operational fleet of
aircraft and aircrews.
Navy tactical fighter aircraft force structure
The budget request contained $87.8 million for F/A-18E/F
aircraft production line activities but did not include any
funding for the procurement of additional aircraft.
The committee recalls that the prior budget request for
fiscal year 2020 programmed the purchase of 36 new F/A-18E/F
aircraft over fiscal years 2022, 2023, and 2024, but the Navy
revised that plan in the fiscal year 2021 budget request by
eliminating the 36 new aircraft in those same fiscal years.
Additionally, the committee believes that the Navy's decision
to eliminate the 36 new aircraft incurred greater risk for
combatant commanders and increased the Navy's strike-fighter
deficit in fiscal year 2021 from -49 to -58 aircraft, and
forecasted the shortfall resolving to zero in fiscal year 2030.
Further, the Navy still plans its strike-fighter inventory
without including traditional margin for attrition reserve
aircraft that would backfill forces in cases of training or
contingency operational losses of aircraft. The Navy should
plan for 54 aircraft per aircraft carrier air-wing (CVW), but
instead only budgets for 44 aircraft per CVW. Consequently, the
Navy had an actual deficit of -148 strike-fighter aircraft in
fiscal year 2021 when including attrition reserve planning
factors.
In fiscal year 2022 analysis the Navy claims that the
strike-fighter shortfall is resolved to zero in 2025, 5 years
earlier than planned, but the committee is highly circumspect
of the Navy's new analysis. Since last year's budget, the Navy
has delayed the fielding of its planned F/A-XX aircraft,
removed 104 F/A-18E/F Block II aircraft from the planned
Service-Life Modification (SLM) program, and F-35C procurement
quantity has still not reached 24 aircraft per year. The
committee believes that these significant factors actually
exacerbate the shortfall and would not contribute to the
expedited timing of resolving the shortfall prior to 2030 as
stated last year.
Therefore, the committee recommends $1.17 billion, an
increase of $1.08 billion, for the procurement of 12 F/A-18E/F
aircraft and production line activities to reduce operational
and warfighting capacity risk. The committee also directs the
Director, Cost Assessment and Program Evaluation, to submit a
report to the House Committee on Armed Services not later than
February 1, 2022, that compares and contrasts the ground rules,
assumptions, and planning factors contained in the Navy's
fiscal year 2021 strike-fighter analysis as compared to the
fiscal year 2022 strike-fighter shortfall analysis.
P-8 aircraft
The committee notes that the budget request contained no
funds for P-8A Poseidon aircraft procurement. The budget
request for fiscal year 2022 does not take into account the
increased warfighter requirement for 138 aircraft which is 10
additional P-8As. This increase is driven by the proliferation
of adversarial submarine fleets and their increasingly active
operational tempo. The committee is encouraged by the Navy's
recognition of the Navy Reserve force and the contribution they
can provide to the increased requirement for the P-8A but is
discouraged by the Navy's decision to not procure the aircraft
needed to reach the warfighting requirement. The committee
highly encourages the Secretary of the Navy to program the
remaining aircraft into the fiscal year 2023 budget which may
be the last opportunity before the production line is shut
down.
Survivability systems for Navy, Marine Corps, and Air Force rotary-wing
aircraft
The committee recognizes the Department of the Navy's
progress on developing and fielding the Distributed Aperture
Infrared Countermeasure System (DAIRCM) for aviation
survivability. In the committee report accompanying the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (H. Rept. 116-442), the committee expressed
support for this effort and requested information on the status
of DAIRCM fielding under Joint Urgent Operational Need
Statement (JUONS) SO-0010 to Navy MH-60, Marine Corps UH-1Y and
AH-1Z, and Air Force HH-60G helicopters. According to the
briefing provided in response, the services have fielded over
half of the systems slated for integration under the JUONS.
The committee understands that the Navy, Marine Corps, and
Air Force all view DAIRCM as part of their long-term strategy
for sustainable, cyber-secure aviation survivability against
future battlefield threats. Both the Marine Corps and the Air
Force expect to make production decisions on procuring
additional DAIRCM capability mid-decade. The committee
recommends continued focus on enhanced rotary aircraft
survivability and expects to see future budget requests that
support timely fielding of DAIRCM to Navy, Marine Corps, and
Air Force helicopters.
T-45 Program Report
The committee directs the Secretary of the Navy to provide
a report to the House Committee on Armed Services no later than
June 1, 2022 on the continued T-45 engine obsolescence issues,
the T-45 replacement program, and potential alternatives that
could support an accelerated replacement timeline.
V-22 Nacelle Improvement Program
In prior budget submissions, the Air Force has stated that
the Nacelle Improvement (NI) program is ``. . .Air Force
Special Operations Command #1 priority for the CV-22 weapon
system'' and will increase the readiness, reliability and
ability to deploy of one of Defense Departments highest in-
demand aircraft. The committee is pleased the NI program is on
track to deliver the first modified CV-22 this year and
encourages the Air Force Special Operations Command to continue
to work with industry to accelerate the program as quickly as
possible. Further, the committee is aware that should Air Force
Special Operations Command accelerate the NI program, a gap
could open between the end of the Air Force program and the
initiation of the Marine Corps' NI effort. To avoid an
unnecessary and costly break in the program, the committee
directs the Secretary of the Navy to coordinate with the
Secretary of the Air Force and industry to ensure that the NI
program transitions from modifying CV-22 aircraft to MV-22
aircraft without interruption. The committee further directs
the Secretary of the Navy to provide a briefing to the House
Committee on Armed Services by January 1, 2022 on Marine Corps'
NI effort and their coordination with the Air Force.
Shipbuilding and Conversion, Navy
Items of Special Interest
Aegis radar
The committee recognizes that the rapid deployment of next-
generation maritime radar systems is required to address
existing and emerging gaps in integrated air and missile
defenses, particularly in the Indo-Pacific region. However, the
committee is concerned by the apparent lack of alignment and
congruent planning between three concurrent Aegis Baseline
radars funded at various stages of development or production
across the Navy and Missile Defense Agency. Specifically, the
Navy budget includes funding for the backfit of AN/SPY-6(V),
which began low-rate production in 2016 and will enter full-
rate production upon the award of a hardware production and
sustainment contract anticipated by the end of fiscal year
2021. The Navy budget also includes funding for the development
of a digital low noise amplifier modification to the existing
AN/SPY-1 radar. At the same time, the Missile Defense Agency
budget includes funding for the development of a variant of the
Long Range Discrimination Radar for use in Aegis Ashore
applications.
The committee believes there are opportunities to better
leverage common, mature radar technology in modernizing all
Aegis-based platforms, including through U.S. Navy weapon
systems applications aboard existing surface ships, Homeland
Defense Guam, and/or defense of the continental United States
from cruise missiles or air and missile defense threats.
Leveraging such commonality across platforms would serve as a
means to achieve critical distributed maritime operations
objectives by expanding the number of deployed netted sensors
while also proliferating the number of sensors capable of
simultaneously defending against advanced air and missile
defense threats. Moreover, the committee believes that better
aligning Aegis Baseline radar investments would also serve to
reduce risk and lower acquisition, lifecycle, and sustainment
costs.
Therefore, the committee directs the Director of Cost
Assessment and Program Evaluation to conduct a review of the
three Aegis Baseline radars included in the budget request for
fiscal year 2022 and to submit a report to the congressional
defense committees not later than December 1, 2021, outlining
the results of this review and making recommendations for
achieving greater affordability, commonality, and
sustainability through improved alignment of radar
modernization investments.
Analysis of the Costs and Benefits of the Littoral Combat Ship Program
The committee notes that the Government Accountability
Office (GAO) has reported extensively on issues with the
Littoral Combat Ship (LCS) program. Since 2005, GAO has issued
no fewer than 19 reports that highlight failures in the
acquisition of LCS, including ships delivered late, with
increased costs and less capability than planned--such as lower
lethality and survivability--higher than expected costs for
contractor maintenance, and numerous mechanical failures. Most
recently in 2021, GAO found that the Navy continues to face
substantial challenges in demonstrating the operational and
warfighting capabilities that the LCS fleet needs to perform
its missions.
The committee notes that the Navy continues to make
significant investments in the LCS program even as it has
stopped accepting Freedom-class LCS variants while the
contractor fixes a class-wide engineering defect, is
decommissioning two LCS ships in 2021 after completing just one
mission each, and has proposed retiring four more ships in
fiscal year 2022. The Navy has yet to complete reviews to
identify ways to improve LCS employment, lethality,
maintenance, reliability, and sustainability.
Therefore, the committee directs the Secretary of the Navy
to submit a report to the congressional defense committees by
March 15, 2022, assessing the costs and benefits of continued
investment in the LCS program. As the ships are being employed
differently and are experiencing different levels of
reliability and different employment schedules, the report
should address the Independence and Freedom variants
separately. The report shall include:
(1) An assessment of whether the LCS is meeting current and
future performance requirements and fleet needs and whether the
LCS fleet could be expected to contribute to forward naval
presence and operate effectively against near-peer threats and
on blue water missions.
(2) An assessment of all LCS deployments in 2020-2021 to
include reliability, missions performed, and feedback from
Fleet Commanders, and an assessment of operational impact of
changes to manning and maintenance CONOPS for deployed LCSs.
(3) An updated estimate of total life cycle costs for the
program as currently structured, including research and
development, acquisition of the seaframes and mission modules,
test and evaluation, in-service modernization, training,
operating and support, and disposal. The associated costs and
benefits of modifying the current LCS program, including
alternatives such as revising the LCS capabilities and concept
of operations, such as different mixes of mission modules,
weapons, crews, and missions to find a combination that is
efficient to operate and effectively performs a useful mission;
increasing the endurance of the vessels, including reliability,
maintainability, and availability; addressing deficiencies
identified during deployments and operational testing; retiring
some or all of the LCS fleet earlier than planned; and
implementing other major modifications to the LCS program
currently under consideration or already being executed, such
as recommendations resulting from Task Force LCS and ongoing
studies.
(4) An analysis of fleet wide costs to support LCS compared
with other ship classes and an assessment of whether end-
strength and funds devoted to keeping LCS ready and mission
capable would be better used to mitigate shortfalls on other
ship classes.
(5) A recommendation from the Secretary of the Navy as to
whether the benefits and performance of LCS justify continued
investment in the program.
Astern refueling on Expeditionary Sea Based platforms
The committee recognizes that current versions of the
Expeditionary Sea Based (ESB) platforms do not possess an
astern refueling capability. Current astern fueling
configuration height does not allow for safe refueling of the
Littoral Combat Ship or the Expeditionary Fast Transport ship.
Addition of an astern refueling capability, coupled with the
large fuel capacity of the ESB, will allow for coordinated
operation of these platforms in a variety of expeditionary
missions, such as mine warfare. The committee encourages the
Secretary of the Navy to consider designing and incorporating
an astern refueling capability for ESB platforms.
Comptroller General review of enabling technologies for unmanned
systems
The committee recognizes that, as part of the Navy's plan
to counter increasing competition among nations in the maritime
environment, the Navy intends to field a future fleet composed
of a mix of manned and unmanned platforms. In doing so, the
Navy identified core technologies and enabling capabilities it
believes are necessary for its future unmanned undersea and
surface vehicles. The core technologies and enabling
capabilities are a broad range of efforts including autonomous
management of ship systems and navigation, communications,
manned-unmanned teaming, and payload development and
integration among others. Congress has previously expressed
concern with the Navy's proposed concurrent approach for the
large unmanned surface vessel design, technology development,
and integration. While the Navy takes action to address our
concerns, the committee would like a better understanding of
the Navy's technology development efforts for unmanned maritime
systems as a whole.
The committee directs the Comptroller General of the United
States to conduct a review of the Navy's core technologies and
enabling capabilities for unmanned undersea and surface
vehicles and to provide a briefing to the House Committee on
Armed Services not later than March 1, 2022, on its findings.
As part of this review, the Comptroller General should examine:
(1) the status of the Navy's efforts to develop the core
technologies and enabling capabilities for unmanned maritime
systems;
(2) the extent to which the Navy has successfully
identified all critical technologies necessary for unmanned
maritime systems;
(3) the methods and documentation the Navy uses to track
technology development for unmanned maritime systems;
(4) the extent to which the technologies developed for
unmanned maritime systems will meet Navy requirements and
mission needs;
(5) the Navy's process for tracking and prioritizing
investments made into its technologies; and
(6) any other areas the Comptroller General deems
important.
DDG-51 multiyear procurement
The committee remains concerned that the Navy is not
adequately planning for the DDG(X) procurement. The current
DDG-51 multiyear procurement contract ends in fiscal year 2022,
and the Navy has yet to produce program milestones or an
acquisition strategy for the next large surface combatant,
known as DDG(X). The lack of an adequate plan is even more
troubling given the Navy's most recent shipbuilding proposal
that reduces a destroyer in fiscal year 2022 and violated the
current multiyear procurement contract. This will incur a
penalty of over $33.0 million. The reduction will delay the
force level goal for large surface combatants during a period
of increasing demand, particularly in countering threats from
China and Russia. Therefore, in order to mitigate this risk and
ensure a smooth shipbuilding manufacturing and design
industrial base transition from DDG-51 to DDG(X), elsewhere in
this Act, the committee authorizes a multi-year procurement for
up to 15 Flight III DDGs beginning in fiscal year 2023.
Improving Safe and Secure Cyber-Enabled Navy Vessels
The committee continues to have concerns regarding the
emerging threat of cyberattacks and present danger to US Navy
vessels, both surface and underwater. Entire Navy systems,
including vessels, weapons, and facilities, continue to be
cyberattack targets from both state and non-state sponsored
actors. Significant investment in cyber-defense training and
technology development is essential to ensure continued naval
superiority throughout the world for the foreseeable future.
The digital thread from manned ships and autonomous platforms
provides enormous opportunities for efficiencies in
coordination, operation, maintenance, and cyber-resilience.
However, this thread of critical data, including location,
heading, and platform health, presents one of the biggest
opportunities for cyber threats and cyber-attacks to Navy
vessels. End-to-end cybersecurity and anti-tamper technology
need to be addressed for a wide range of systems, from small
man-portable autonomous vehicles to systems as large as carrier
groups.
Therefore, the committee directs the Secretary of the Navy
to provide a briefing to the House Committee on Armed Services
by March 31, 2022. that includes current plans and potential
opportunities to improve the cybersecurity of the digital
thread communication network for Navy vessels, specifically
communication between unmanned and autonomous vessels.
The briefing should also include:
(1) A description and evaluation of current Naval vessel
cyber-security real-world test-bed facilities and their
capabilities.
(2) A description and evaluation of requirements for
autonomous Naval vessel cybersecurity communications testing
and qualifications.
(3) A description and evaluation of current Naval vessel
cybersecurity workforce and expected future workforce needs.
(4) An analysis of opportunities to expand Naval vessel
digital thread cybersecurity development and testing,
specifically for unmanned and autonomous vessels.
National Security Hospital Vessel
The committee recognizes the Navy's plan to increase Role 2
afloat medical capacity through the procurement of a modified
Expeditionary Fast Transport (EPF) ship called an EPF Flight
II. The committee is supportive of this effort and recognizes
that an embarkable Role 2 enhanced (R2E) medical capability
will allow the Navy to fill gaps identified by the Naval
Expeditionary Health Services Support (NEHSS) for Distributed
Maritime Operations. The committee further understands that the
afloat theater hospitalization Role 3 requirement will continue
to be met by the Navy's aging hospital ships (T-AH). The
committee believes that as an alternative to maintaining
converted supertankers that were procured in the mid 1970s, the
Navy could take advantage of a redesigned EPF or the National
Security Multi-Mission Vessel (NSMV) that the Maritime
Administration is currently procuring for the 6 State Maritime
Academies ``to meet this Role 3 requirement.'' By utilizing the
NSMV or the EPF hull form and an ongoing production line, the
Navy could minimize design costs and schedule of the T-AH(X)
that is planned to replace the current T-AHs. This strategy
would also allow the Navy to defer future costly maintenance
availabilities on the existing T-AHs and deliver a replacement
capability sooner than the current plan. Therefore, the
committee directs the Secretary of the Navy to provide a
briefing to the House Committee on Armed Services not later
than March 1, 2022, on the feasibility of utilizing the EPF or
the NSMV hull forms to fill the requirements of the T-AH(X).
Report on large surface combatant production transition
The committee recognizes the Navy's successful transition
from the Los Angeles-class submarine to the Seawolf and
Virginia submarine classes and the importance of shipbuilding
schedule overlap within that transition. The committee believes
that new programs such as the DDG(X) should also implement some
type of overlap shipbuilding schedule, which would mitigate
shipbuilding issues related to stops in lead ship build design
and construction. The committee notes that absence of a proper
overlap plan may adversely impact both the Navy's overall
shipbuilding numbers and the associated shipyard's ability to
adjust their production line accordingly.
Therefore, the committee directs the Secretary of the Navy
to submit a report to the congressional defense committees not
later than December 30, 2021, that details what the proper
transition between the two platforms should include. The report
should be informed by early collaboration with the two current
shipbuilders to maximize design and cost efficiencies and
emphasize the needs of the industrial base regarding both
design and construction capacity. This report shall include at
a minimum:
(1) a review of the Los Angeles submarine class transition
to the Seawolf and Virginia submarine classes, including
shipyard schedules and operational impacts; shipyard cost
impacts; effects on associated shipyard manpower and skill;
impact on planned versus actual fiscal year shipbuilding
numbers; and lessons learned;
(2) a review of the DDG-51 class transition to the Zumwalt
DDG-1000 program, including shipyard schedules and operational
impacts; shipyard cost impacts; effects on associated shipyard
manpower and skill; impact on planned versus actual fiscal year
shipbuilding numbers; and lessons learned;
(3) a review of the Nimitz-class carrier transition to the
Ford-class carrier program, including shipyard schedules and
operational impacts; shipyard cost impacts; effects on
associated shipyard manpower and skill; impact on planned
versus actual fiscal year shipbuilding numbers; and lessons
learned;
(4) recommendations on the amount of time for a successful
overlap transition period before a shipyard shifts to full-rate
production of the next-generation ship; and
(5) recommendations on requirements for an ideal large
surface combatant shipyard transition and next-generation
shipbuilding production.
Sentinel-class Fast Response Cutter
The committee looks forward to reviewing the Navy's updated
force structure assessment and shipbuilding plan. The committee
understands the Navy intends to change the fleet architecture
reflected in the 355-ship force-level goal to reflect a more
distributed fleet mix with a smaller proportion of larger ships
and a larger proportion of smaller manned ships as well as
unmanned vessels. The committee supports incorporating a mix of
smaller manned ships into the fleet and encourages the Navy to
consider the capabilities the U.S. Coast Guard's Sentinel-class
Fast Response Cutter could provide to the fleet and the concept
of operations and associated requirements that would support
acquisition of these vessels.
Further, the committee is aware the U.S. Coast Guard has
contract options for 12 additional Sentinel-class Fast Response
Cutters with firm fixed pricing in place until May of 2023.
Exercising these contract options in advance of their
expiration would lock in favorable pricing on Sentinel-class
Fast Response Cutters should the Navy determine that they add
value to the fleet.
Given the successes of the U.S. Coast Guard's Sentinel-
class Fast Response Cutter in support of the Navy's Fifth Fleet
as a part of Patrol Forces Southwest Asia, the committee
believes there are similar roles for Sentinel-class Fast
Response Cutters in other areas of responsibility. Therefore,
the committee directs the Secretary of the Navy to submit a
report to the congressional defense committees not later than
February 1, 2022, that details the current mission sets and
operating requirements for the Sentinel-class Fast Response
Cutter and expands on how successes in the U.S. Central Command
area of responsibility would translate to other regions,
including the U.S. Indo-Pacific Command. Further, the committee
directs the Secretary of the Navy to assess the requisite
upgrades to the Sentinel-class Fast Response Cutter required to
meet Navy standards and evaluate the concept of operations for
employing these vessels in Southeast Asia. This report should
be unclassified but may include a classified annex.
SPY-1D capability improvements
The committee recognizes the urgent need to deliver
increased warfighting capability through combat systems
modernization to the destroyers comprising flight I, II, and
certain IIA ships, and further understands that advances in
digital technology, solid-state upgrades, and other innovations
can be leveraged in existing mature systems to keep Aegis
destroyers threat-relevant to the end of their service lives.
The committee encourages the Secretary of the Navy to consider
specific initiatives that could rapidly incorporate digital
technology into the receive chain of the SPY-1D radar in order
to improve readiness, lethality, survivability, and operational
availability.
Virginia Class Submarine Spare Parts
The committee notes a March 2021 report by the
Congressional Budget Office, prepared as part of its ongoing
work to evaluate submarine maintenance issues first requested
by the House Seapower and Projection Forces and Readiness
Subcommittees in 2015, found that ``Administrative data from
NAVSEA suggest that cannibalization associated with submarine
maintenance has increased over the past two years.'' The
increase was particularly acute for the Virginia class program,
with data showing an increase in the number of cannibalized
parts from 146 in 2017 to 485 in 2019. CBO also found that
certain VCS overhauls ``took longer and that most required more
labor than the class plan estimated for each ship . . . in part
because some parts had to be replaced earlier than expected,''
and that the Virginia class was designed to require less
maintenance than the Los Angeles class, in part because the
Virginia class featured more parts that were designed to last
the life of the ship . . . at this early stage in the class's
life cycle, the reverse has been the case, though that could
change as the shipyards gain more experience with the class.''
The committee recognizes that as the Navy begins to take
delivery of more Virginia class submarines (VCS), spare parts
will be at an increased demand. Due to the shortage of existing
spares and earlier than expected failures of parts, the Navy
has resorted to the cannibalization of spares from other
submarines. This has led to increased maintenance timelines and
a higher possibility of damaging the parts as they are changed
out between submarines. This problem is only exacerbated when
the Navy chooses to redirect spares funding to higher priority
needs. Rather than chasing the problems as they arise, the Navy
should take an experienced based process that tracks the types
of spares that are in highest demand and closely monitor which
components are failing ahead of their expected design life.
Therefore, the committee directs the Secretary of the Navy
to brief the House Committee on Armed Services no later than
February 1, 2022 on what efforts the Navy is taking to reduce
the backlog of spares and cannibalization on Virginia class
submarines.
Other Procurement, Navy
Items of Special Interest
Joint force tiltrotor training
The committee recognizes that tiltrotor aircraft will be a
significant part of the Department of Defense for the
foreseeable future. The tiltrotor community is the only
Department of Defense undergraduate pilot training program
without a dedicated, technologically comparable aircraft to
conduct undergraduate-level pilot training. Utilizing an
initial pilot training platform that can more efficiently and
effectively train new tiltrotor pilots could lower training
costs. The committee directs the Secretary of the Navy to
provide a briefing to the House Committee on Armed Services by
May 2, 2022, that discusses current initial pilot tiltrotor
training program requirements including aircraft, sorties/
hours, planned student throughput, and training locations;
training effectiveness of using fixed-wing and rotary-wing
training to train new tiltrotor pilots; hours/sorties required
to transition new pilots from initial fixed-wing/rotary-wing
aircraft to instrument qualification in the V-22; impacts of
initial training sorties/hours on overall V-22 readiness and
sustainment; and feasibility of using current and future
vertical lift technology platforms to support and streamline
initial joint force pilot tiltrotor qualification training.
Maritime Augmented Guidance with Integrated Controls for Carrier
Approach and Recovery Precision Enabling Techniques
The committee is aware that the Department of the Navy has
performed flight testing events with advanced flight control
software for the F-35, F/A-18 E/F Super Hornet, and E/A-18G
Growler tactical aircraft platforms. The committee supports the
Navy's efforts to reduce the workload and improve safety for
naval aviators and landing signals officers (LSOs) performing
the tasks associated with aircraft carrier approaches and
landings. The Maritime Augmented Guidance with Integrated
Controls for Carrier Approach and Recovery Precision Enabling
Techniques (MAGIC CARPET) software assists aviators in
maintaining consistent and safe glide-slope descent tracking
during final approach to landing in all environmental
conditions. MAGIC CARPET increases the automation of terminal
approach operations and could potentially enable the Navy to
reduce training costs for operations related to aircraft
carrier operational certifications prior to steaming in support
of deployments.
Therefore, the committee directs the Secretary of the Navy
to provide a briefing to the House Committee on Armed Services
not later than February 1, 2022, on MAGIC CARPET software
development, flight testing, and fielding schedule. The
briefing should also include the impact on naval aviator and
LSO workloads, the potential reduction in training missions and
associated cost avoidance, and a notional schedule for
implementation and integration of the software to support
locations hosting E/A-18G aircraft operations.
Mine-hunting capabilities from Expeditionary Sea Base platforms
The committee notes that while the Mine Countermeasures
(MCM) Mission Package (MP) was designed to be employed on the
Littoral Combat Ship (LCS), operational tests of this system on
LCS have faced technical challenges and delays in fielding.
Legacy MCM platforms have remained in service well past their
intended service life, but it is imperative that the Navy fill
an equal or greater capability before the legacy platforms can
be retired. Various components of the MCM MP have successfully
deployed from Expeditionary Sea Base (ESB) 4 and have potential
when operated from this platform, either in conjunction with or
independently from LCS, to provide a robust mine
countermeasures package, which is urgently needed. The
committee recognizes that the ESB has command, control,
communications, computers, and intelligence (C4I) spaces that
could provide mission planning and execution of MCM operations.
Therefore, the committee directs the Secretary of the Navy to
provide a briefing to the Committee on Armed Services of the
House of Representatives by March 1, 2022, on the feasibility
and cost of incorporating MCM capabilities on all ESB
platforms.
Tactical aircraft training telemetry system recapitalization
The committee is aware of the need for the Air Force and
Navy to upgrade training range data and information-sharing
capabilities to improve readiness levels, weapon systems
capabilities, and joint, combined force employment of organic
and coalition air forces to deter aggression against current
and future rising competitors, both peer and non-peer. The
committee continues to support the efforts of the Air Force and
the Navy to jointly pursue a common tactical aircraft training
telemetry system to replace legacy systems, allowing current
and next-generation aircraft pilots to train together. Current
telemetry systems lack required security features to support
training needs, and have end-of-life obsolescence issues and
diminishing manufacturing sources that are limiting training
effectiveness and that incur a high cost of ownership.
The committee encourages the Air Force in partnership with
the Navy to expedite fielding of next-generation combat
training systems to ensure robust interoperability with joint
service partners and provide a generational upgrade in
realistic training for current and next-generation tactical
aircraft platforms to enable proficiency and survivability
against existing and evolving threat systems. The Air Force and
Navy agreement should also pursue a common range training
telemetry system enabling a live, virtual, and constructive
training environment for aircrews. The committee supports
accelerated fielding, where feasible, by the Air Force and Navy
to achieve cost savings and more efficient use of limited
flight training hours, while simultaneously enabling more
secure, realistic, and supportable training for Air Force and
Navy aircrews.
Underwater ranges
The committee supports the acceleration of the upgrading of
our underwater ranges. These ranges are critical as they
facilitate training, tactics development, and test and
evaluations. Most of the Navy's underwater ranges are multi-
environmental and are capable of supporting surface,
subsurface, air, and space operations simultaneously. These
ranges are in need of continuous modernization and upkeep.
Therefore, the committee directs the Secretary of the Navy to
provide a briefing to the House Committee on Armed Services by
March 1, 2022, on the status and timeline of upgrades and
planned maintenance of all naval underwater ranges.
Procurement, Marine Corps
Items of Special Interest
High Mobility Engineer Excavator
The Marine Corps budget request does not include any
funding for procurement of the High Mobility Engineer Excavator
(HMEE). The committee is concerned that stopping procurement of
HMEE will leave the Marine Corps with an aging, less capable
and sustainable, trailer-transported backhoe loader system that
does not meet current or future deployed requirements.
Accordingly, the committee directs the Commander, Marine Corps
Combat Development Command, to provide a briefing to the House
Committee on Armed Services by January 30, 2022, that
identifies the current and future requirements for highly
mobile engineer excavation capability and how the Marine Corps
plans to meet those requirements.
Aircraft Procurement, Air Force
Items of Special Interest
A-10 Wing Replacement Program
The committee believes that prudent modernization of the A-
10 fleet provides the Air Force a cost and mission effective
close air support capacity and capability that will meet joint
force requirements. The committee continues to support the A-10
ATTACK wing replacement program, which will enable full fleet
operations to 2030 and beyond. The committee believes that wing
replacement for the planned fleet is a critical element of the
fleet's sustainment and should be a high priority for the Air
Force.
Therefore, the committee directs the Secretary of the Air
Force to provide a briefing to the House Committee on Armed
Services no later than January 31, 2022, regarding the planned
timeline for completion of the re-winging of all planned
aircraft in the A-10 fleet.
A-10C Threat Warning System Modernization
The committee understands the A-10C aircraft supports the
Air Force's close air support and forward air control missions,
with fighter squadrons in both the active and reserve
components. The committee also recognizes the increased risk
associated with the combat search and rescue mission, which may
require operations in dense or advanced threat environments. As
identified in the 2012, A-10 Operational Viability and
Sustainment Gap Analysis Report and subsequent requirements
studies contained in the Air National Guard and Air Force
Reserve Modernization Priorities Book, the existing threat
warning system is inadequate and requires modernization. The
committee also notes that Air Force Air Combat Command has
formally defined a modernization requirement for installing a
digital radar warning receiver system within the A-10 aircraft.
To reduce costs and expedite fielding, the committee recommends
fielding a digital radar warning system currently in production
and already in operation on a number of existing Air Force
aircraft. Existing digital radar warning receivers have the
ability to integrate threat identification of the most
sophisticated modern threats and are designed to be a form,
fit, function replacement. Modernized electronic warfare suite
subsystems, architecture, and countermeasures will enable the
A-10 to conduct complex combat operations in the vast majority
of today's contested environments.
Therefore, the committee directs the Secretary of the Air
Force to provide a briefing to the House Committee on Armed
Services by March 31, 2022, on the Secretary's strategy to
expeditiously integrate a digital radar warning receiver onto
the A-10C fleet of aircraft.
Airlift tactical data link
The committee understands airlift aircraft will be required
to operate in a contested environment and is concerned with the
lack of situational awareness upgrades for these aircraft. The
committee directs the Secretary of the Air Force to provide a
briefing to the House Committee on Armed Services by December
30, 2021, that provides a modification plan to provide
situational awareness for airlift aircraft.
Bridge Tanker
The committee believes that the Secretary of the Air Force
should consider the benefit of seamless tanker recapitalization
deliveries by accelerating the Bridge Tanker competition with a
request for proposal not later than fiscal year 2023, an award
in fiscal year 2024, and the delivery of the first bridge
tanker not later than in fiscal year 2029. The committee
further believes that this bridge tanker should be limited
developmental, operationally ready and best value based on
platform capability. Therefore, the committee directs the
Secretary of the Air Force to prepare a brief to the House
Committee on Armed Services by March 1, 2022 that provides the
Secretary's assessment of the bridge tanker acquisition
timelines to include requirements development, procurement
milestones and proposed contract type.
C-130H propellers/engines
The committee notes that the C-130H aircraft that are flown
primarily by the Air National Guard and Air Force Reserve
continue to provide critical tactical airlift capabilities and
will continue to support this mission for years to come. The
committee is once again disappointed with the amount of time it
has taken for the Air Force to address a safety of flight issue
with the legacy propeller system of the C-130H.
Procurement of new composite propeller blades is the
obvious solution to this serious safety of flight and readiness
issue. The Air Force has moved slowly in addressing the issue
and still refers to the propeller upgrade as an enhancement and
not a safety requirement. A new composite blade would also
decrease maintenance time and improve logistics support, which
will result in increased readiness. Delays are unacceptable
considering the inherent safety of flight and readiness risks
surrounding this issue.
Therefore, the committee directs the Secretary of the Air
Force to provide a briefing to the House Committee on Armed
Services by January 31, 2022, updating the acquisition strategy
for procuring new blades. This plan should include updated
estimated costs, timelines, and a unit upgrade schedule. The
briefing should also include the Air Force plan to incorporate
C-130H T-56 Series 3.5 Engine Enhancement Packages. Congress
has repeatedly added additional funds for these upgrades and
the Air Force has yet to budget for them despite the
demonstrated performance benefits and fuel efficiencies.
Degraded visual environment system for Air Force combat search and
rescue helicopter fleet
The committee has encouraged and supported efforts by the
military services to develop and field modernized degraded
visual environment (DVE) systems on rotary wing aircraft.
Uncharted wires and low visibility brown-out conditions present
military helicopters with additional hazards during training
and operational missions, sometimes leading to aircraft damage,
aircraft loss, or aircrew fatalities.
The committee supported plans by the Air Force to leverage
investments made by the Army and U.S. Special Operations
Command and field a DVE capability to its HH-60G Pave Hawk
fleet. However, the fiscal year 2022 budget request eliminated
nearly all HH-60G DVE funding, leaving only $5.6 million for
contract close-out. Information provided to the committee from
the Air Force cited delays caused by integration challenges as
the reason for cancelling the DVE program. In a June 30, 2021,
committee hearing on the fiscal year 2022 budget request for
rotary wing aircraft, the Acting Assistant Secretary of the Air
Force for Acquisition, Technology, and Logistics testified that
the planned divestment of the HH-60G fleet within this decade
influenced the decision to cancel the DVE project.
The committee is concerned about the abrupt DVE
cancellation and the deemphasis on increasing flight and
aircrew safety. Though the Air Force claims that near-term HH-
60G retirement justifies not fielding a DVE system, the
replacement combat rescue aircraft, the HH-60W Jolly Green II,
has no DVE system in its current program baseline. The
committee notes that in 2018, an entire crew of seven service
members died when their HH-60G Pave Hawk flew into an
undetected wire on the border between Iraq and Syria.
Accordingly, the committee directs the Secretary of the Air
Force to submit a report to the House Committee on Armed
Services by December 15, 2021, on a plan to restore the DVE
integration and fielding effort to the HH-60G program. The
report shall include a schedule for integration and fielding
and the associated remaining costs.
EC-37B Compass Call Replacement
The committee notes the Air Force commitment to improving
electromagnetic spectrum (EMS) capabilities through its
recently published EMS Superiority Strategy. However, the
committee remains concerned that the Air Force's only dedicated
electromagnetic warfare (EW) aircraft, the EC-130H Compass
Call, is rapidly nearing the end of its service life, while the
EC-37B Compass Call replacement program faces production and
delivery delays. The committee is also aware that the Air Force
underestimated the cost of implementing system-wide open
reconfigurable dynamic architecture (SWORD-A) capabilities,
forcing the Compass Call program to realign funding from
procurement to research and development. All of these issues
raise concerns that the Air Force will be unable to meet joint
airborne EW requirements as legacy aircraft retirements outpace
the availability of replacement capability.
Given these concerns and the critical importance of
airborne EW in support of joint military operations, the
committee directs the Secretary of the Air Force to provide a
briefing to the House Committee on Armed Services by March 1,
2022, on its plan to procure the full complement of ten EC-37B
aircraft as defined in the program of record. The briefing
shall include details on the planned utilization of the ten
aircraft EC-37B fleet to meet test, training, operational
deployment, and depot maintenance requirements, and the Air
Force's plan to provide modernized EW capabilities to combatant
commands in accordance with the Department's EMS Superiority
Strategy implementation plan.
HH-60W Combat Search and Rescue helicopter
The committee recognizes the Air Force's focus on testing,
procuring, and fielding the HH-60W Jolly Green II to replace
the HH-60W Pave Hawk combat rescue helicopter. The committee
notes that the HH-60W is designed to provide increased range,
lethality, situational awareness, safety, and reliability for
the crucial Air Force combat search and rescue (CSAR) mission.
Accordingly, the committee directs the Secretary of the Air
Force to provide a briefing to the congressional defense
committees by March 1, 2022, on the status of the HH-60W
program. This briefing should include, at a minimum, the
following: the plan and schedule for aircraft beddown; planned
force structure, to include current and future basing and the
timing of associated divestment of the HH-60G Pave Hawk;
manning, training, and infrastructure requirements; required
support equipment; the associated funding requirements for all
these elements; and recommendations on further improving the
overall combat effectiveness and readiness of the HH-60W
aircraft and the CSAR mission.
Joint Surveillance Target Attack Radar System
The budget request included $16.3 million for E-8 Joint
Surveillance Target Attack Radar System.
The committee continues to be concerned about insufficient
investment in the Joint Surveillance Target Attack Radar System
(JSTARS). The committee notes that the geographical combatant
commanders rely on JSTARS for battle management command and
control and ground moving target indicator radar support.
Current public law, most recently amended in the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), requires the Air Force to keep at least six JSTARS
available annually for allocation to the geographic combatant
commanders through the Global Force Management process.
The committee further notes that Congress has expressed
concern about inadequate funding for JSTARS in previous
legislation and denied prior year attempts to reprogram
modernization funds for necessary JSTARS communication
upgrades. The committee understands that the JSTARS program has
begun this data link upgrade with funding appropriated in
fiscal year 2021 but requires additional funds to continue this
work. The bandwidth efficient common data link will replace a
critical information-sharing link between JSTARS and Army and
Marine Corps forces that no longer operates due to outdated
technology and cybersecurity risk.
The committee recommends $43.3 million, an increase of
$27.0 million, for communication modernization upgrades to E-8
JSTARS.
KC-135 modernization
The committee understands the KC-135 is projected to fly
for potentially another 30 years and needs to modernize to
operate in a contested environment. Accordingly, the committee
directs the Secretary of the Air Force to provide a briefing to
the House Committee on Armed Services by December 30, 2021,
that provides the pros and cons of designating a single point
of contact to prioritize and deconflict all modernization
efforts for the KC-135.
KC-135R Cooling Capability
The committee understands the KC-135R provides Aerial
Refueling, Aeromedical Evacuation and Mobility Transport for
both the Active and Reserve Components. The committee also
understand that these critical yet aged airframes do not have
adequate cooling capability for ground and low-altitude
operations, significantly impacting operations and crew stamina
in a large number of our nations key operating environments.
The committee also recognizes that Ground cooling carts are the
primary method for temperature reduction, but are removed prior
to engine start and are not usable if mission delays occur. A
roll-on/roll-off vapor cycle air conditioning units placed
onboard can provide required cooling at a fraction of the cost
of replacing the aircraft handling system. The committee
understands that aircrew cooling has been a long-standing Air
National Guard Critical requirement, but has yet to receive
funding. The committee recommends additional funding for the
National Guard and Reserve Component Equipment Account (NGREA)
to meet this requirement. The committee directs the Secretary
of the Air Force to provide a briefing to the House Committee
on Armed Services by March 31, 2022 on the Air Force's strategy
to fill this identified, critical requirement for the KC-135R
fleet.
MH-139 conversion
The committee recognizes that the 908th Reserve Airlift
Wing at Maxwell Air Force Base (AFB) was recently selected by
the Air Force and Air Force Reserve for conversion from its
current mission as a Combat Coded C-130 airlift wing to an Air
Force Reserve Flying Training Unit (FTU) to train air crew
members for the new MH-139 helicopter. The successful
transition and on-time schedule depend on the completion of the
environmental assessment and the completion of the requisite
facility modifications. The aircraft are currently scheduled to
be delivered as early as fiscal year 2023.
In testimony before the committee, the commander of U.S.
Strategic Command emphasized the pressing need to replace the
current fleet of UH-1N Huey helicopters with the new MH-139
aircraft and recognized the important role this new aircraft
will play in maintaining the operational readiness of the
nation's Intercontinental ballistic missile force. The
committee emphasizes that for the transition to the new weapons
system to remain on schedule, it is critical that the new FTU
be equipped, manned, and ready to produce aircrew members as
soon as the aircraft is operationally ready. The committee
believes that failure to immediately fund related projects to
retrofit existing facilities to accommodate simulators and
training of the initial cadre of flight training instructors
prior to the delivery of the aircraft would have significant
adverse impacts on the readiness of the FTU to begin its
mission. Additionally, the committee believes that any C-130
divestiture of mission at Maxwell AFB should be ``heel to toe''
with the delivery of replacement MH-139 aircraft. Therefore,
the committee directs the Secretary of the Air Force to provide
a briefing to the House Committee on Armed Services by March 1,
2022, as to: the delivery timeline for MH-139 helicopter
aircraft; the anticipated transition of C-130 aircraft; and the
facility recapitalization to support the aircraft simulators,
building updates, training aircraft, and instructor training to
ensure this bed-down remains on schedule at Maxwell AFB.
MH-139A Grey Wolf Aircrew Exposure Protection
The committee supports Air Force modernization plan to
replace the UH-1N helicopter with the MH-139A Grey Wolf to
continue the critical mission of ensuring the security of the
ground-based leg of the nuclear triad. The committee
understands that Air Force helicopter aircrews providing
operational support to strategic missile sites in remote
locations of the United States often face severe weather
conditions and sub-arctic temperatures that present a wide
range of operational hazards, especially for Airmen operating
side-mounted M240 medium machine guns while exposed to the
elements. Therefore, the committee directs the Secretary of the
Air Force to provide a briefing to the House Committee on Armed
Services by March 1, 2022, on potential MH-139 aircrew exposure
hazards related to operation of side-mounted machine guns. The
briefing should include a description of developmental test and
evaluation activities focused on operations in extreme cold
weather, potential options, to include aircraft modifications,
to address or mitigate the risk of aircrew exposure due to
extreme weather conditions, and the estimated costs of these
mitigation measures.
Propeller blades
The committee received recent information regarding the
United States inability to support C-130 aircraft propeller
blades previously sold under Foreign Military Sales to United
States allies. These C-130s are operational assets of foreign
militaries around the globe and assets that could be called
upon by the United States in times of need. Currently, the
production of C-130 propeller blades is nearly entirely
consumed by the U.S. Air Force, leaving other countries with
propeller blade shortages and grounded C-130 aircraft. The Air
Force is aware of this situation and has indicated that the
only way for this blade shortage to end is for overseas
manufacturer to produce more blades or move the manufacturing
of these C-130 blades to the United States. The committee
encourages the Air Force to coordinate with the manufacturer to
increase production to address global C-130 blade shortages by
shifting or augmenting production of these blades to a capable
United States manufacturer. This shift will have the benefit of
uninterrupted support of our allies, ensuring mission-critical
asset readiness, increasing United States jobs, and better
control over United States military asset production and
maintenance.
Survivable Airborne Operations Center
The committee supports the Air Force's recapitalization
effort for the Survivable Airborne Operations Center (SAOC),
formerly known as the E-4B National Airborne Operations Center
(NAOC). The aging E-4B fleet faces capability gaps, diminishing
manufacturing sources, increased maintenance costs, and parts
obsolescence as it approaches the end of its serviceable life.
The recapitalization effort will be informed by Air Force and
Department of Defense analyses used to determine a holistic
approach to replacing the aging E-4B fleet and capabilities of
other nuclear and national command and control mission sets.
The committee understands that the SAOC weapon system will be
comprised of a Commercial Derivative Aircraft (CDA), mission
system, and ground support systems. The committee is encouraged
by the program's effort to maintain a full and open competitive
acquisition and maximize competition across the entire weapon
system lifecycle. The committee supports the funding for SAOC
in fiscal year 2022 and expects the Air Force and the DoD to
prioritize funding in the future years. Given the critical and
uniquely complex nature of this recapitalization effort, the
committee strongly encourages the Air Force and the Department
of Defense to consider non-traditional acquisition strategies
to enable flexibility, accelerate systems development, and
sufficiently address the risks of modernization and integration
of the mission systems. Therefore, the committee directs the
Secretary of the Air Force to deliver a briefing to the House
committee on Armed Services no later than March 1, 2022, on the
Air Force's comprehensive SAOC modernization strategy.
V-22 nacelle improvement program
The budget request contained $71.5 million for the V-22
nacelle improvement program. In prior budget submissions, the
Air Force stated that the nacelle improvement program is an Air
Force priority for the V-22 weapon system and will increase the
readiness, reliability, and ability to deploy one of the
Defense Department's highest in-demand aircraft. The committee
is pleased the nacelle improvement program has now delivered
the first modified CV-22 to the fleet and encourages continued
work to accelerate the program as quickly as possible. The
committee recommends $76.5 million, an increase of $5.0
million, for the V-22 nacelle improvement program.
Other Procurement, Air Force
Items of Special Interest
Bomber fleet hypersonic weapons integration
The committee notes that the Air Force is retiring 17 B-1s,
one quarter of the B-1 fleet. The committee is concerned that
the remaining B-1, B-2 and B-52 aircraft may not have the
necessary improvements to make up for the substantial reduction
in numbers and be capable of meeting the Nation's long-range
precision strike requirements. The committee notes that the
bomber fleet are a critical component to the United States'
force projection capability and will continue to be used both
as conventional and strategic deterrence assets in this great
powers competition with China and Russia. The committee notes
that part of the future power projection capability will
involve the integration of hypersonic missiles into the bomber
aircraft. The committee also notes that the retirement of the
17 B-1s will result in substantial cost savings over the FYDP
and expects the Air Force to dedicate part of these cost
savings back into the B-1 fleet by increasing its capabilities,
possibly including expanded carriage, hardpoint pylon
development and hypersonic weapons.
Therefore, the committee directs the Secretary of the Air
Force to provide a briefing, no later than March 1, 2022, to
the House Committee on Armed Services on the plans for
hypersonic integration for the bomber fleet. This briefing
shall include an updated Air Force bomber roadmap and the Air
Force's plans for the integration of hypersonics into the
bomber fleet, including a plan to achieve full operational
capability of the B-1 fleet to deliver hypersonic weapons by
2025 and any other upgrades that will be required for the
bomber fleet.
Commercial best practices
The committee supports procuring commercial derivative
aircraft for the Air Force and Navy. Commercial industries have
maintained aircraft for decades and the committee encourages
the Air Force and Navy to learn from any best practices saving
time and money.
Standardization for Full Motion Video Dissemination
The committee notes that after more than a decade of proven
operational performance, the Defense Information Systems
Agency's Unified Video Dissemination System (UVDS) and the
National Geospatial-Intelligence Agency's Motion Imagery Online
(MIO) have become the de facto standards for disseminating full
motion video (FMV) on classified computer systems within the
Department of Defense and select interagency partners. Both
UVDS and MIO leverage an open architecture, well-documented
standards-based interfaces, and a common software baseline to
keep pace with rapidly evolving commercial developments in FMV
technology. For example, the committee is aware that the Joint
Artificial Intelligence Center is leveraging UVDS and MIO as
the primary sources for its FMV ingest capabilities. Given the
ubiquitous use of UVDS and MIO, both via traditional data
centers and cloud deployments, the committee is concerned that
the Air Force is potentially overlooking the utility of
standardizing the existing, proven FMV dissemination
capabilities of UVDS and MIO, especially as they relate to
emerging cloud requirements for the Air Force Distributed
Common Ground System.
Therefore, the committee directs the Chief of Staff of the
Air Force to provide a briefing to the House Armed Services
Committee, by February 15, 2022, on plans for full motion video
dissemination standardization. The briefing shall include, at a
minimum: a description of the Air Force's analysis of utilizing
UVDS and MIO as the platforms for FMV dissemination; an
assessment of the costs of leveraging these existing systems as
compared to developing similar systems; and a technical and
security comparison between these systems and other systems
under consideration or under development.
Transfer of U.S. Coast Guard HC-130H Aircraft to the State of
California
The National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) directed the Air Force to modify and
transfer seven Coast Guard HC-130H aircraft to the State of
California, Natural Resources Agency, for use by the Department
of Forestry and Fire Protection (CAL FIRE). The Committee notes
that the current estimated delivery date for the first
Retardant Delivery System (RDS)-modified aircraft is November
2022, with the seventh in June 2023. The committee understands
that these aircraft are necessary to California's efforts to
fight ongoing and future wildfires. Therefore, the Committee
directs the Secretary of the Air Force to provide a briefing to
the House Committee on Armed Services by December 1, 2021, on
the progress made to deliver these aircraft. The briefing shall
include: 1) an assessment of capacity and capability to deliver
these aircraft on an accelerated schedule; 2) a cost assessment
associated with a potential early delivery schedule; and 3)
impact to other programs in the event that the Air Force elects
to accelerate delivery of these aircraft.
Procurement, Defense-Wide
Items of Special Interest
Comptroller General review of tactical fighter aircraft capacity
shortfalls and capability gaps
Despite billions of dollars of investment in developing and
acquiring tactical fighter aircraft over many years, the Air
Force, Navy, and Marine Corps will likely continue to face
capability and capacity shortfalls over the upcoming decades.
The committee understands that each of the services has begun
reevaluating its tactical aircraft force structure requirements
and capability needs, with the Air Force and Navy
simultaneously planning to heavily invest funding in the
upcoming years to develop and field advanced Next Generation
Air Dominance (NGAD) capabilities.
The committee notes that the tactical fighter aircraft
shortfalls facing the military services did not suddenly
appear. As far back as 2010, the Government Accountability
Office (GAO) noted in its report (GAO-10-789) that the Air
Force, Navy, and Marine Corps were projecting tactical fighter
aircraft shortfalls beginning in the 2020 timeframe. GAO
concluded that the services needed to gain a clearer and more
comprehensive portfolio-level understanding of their tactical
fighter aircraft requirements and forecasted shortfalls in
order to ensure that they made well-informed tactical fighter
aircraft acquisition investment decisions.
Therefore, given that the services are still facing
tactical fighter aircraft inventory and capability shortfalls
more than a decade after the last GAO report on the issue, the
committee directs the Comptroller General of the United States
to submit a report to the congressional defense committees not
later than April 1, 2022, that assesses and identifies current
Air Force, Navy, and Marine Corps tactical aircraft capability
and capacity requirements and forecasted shortfalls. In
addition, the report should assess the extent to which the
services' tactical aircraft acquisition and modernization
investment plans, including NGAD efforts, are likely to meet
those requirements and address the shortfalls. Finally, the
Comptroller General should, as appropriate, provide the
congressional defense committees with periodic briefings on
preliminary findings and pertinent information during the
compilation and drafting of the final report.
F-35
The budget request contained $9.97 billion for the
procurement of 85 F-35 aircraft and associated spares,
modifications, depot activations, and advanced procurement for
fiscal year 2023 aircraft for the Air Force, Navy, and Marine
Corps. The budget request contained $2.05 billion for research
and development related to deployability and suitability
initiatives, Block 4 and Continuous Capability Development and
Delivery (C2D2), and Air Force dual-capable aircraft efforts.
The committee notes that the unfunded priority lists for the
Navy contained five F-35C aircraft.
The committee supports the F-35 program and acknowledges it
is a capability that can be used against advanced integrated
air defense systems operating against the United States or its
foreign partners and allies during high-end, very contested
contingencies when the aircraft is finally installed with
Technical Refresh-3 hardware and Block 4 software capabilities.
But given the extraordinary costs to date of the program, the
committee calls into question the actual affordability of the
program for the taxpayer after 20 years since its inception.
The committee agrees with the F-35 Program Executive Officer in
that the current and forecasted high cost of sustainment
remains a real and existential threat to the program, and the
committee remains continually frustrated by the program's
overly aggressive development and production schedules that
contain significant amounts of execution risk and concurrency,
which have traditionally resulted during the 20-year lifetime
of the program in longer schedules and much higher costs than
planned to realize less than full warfighting capabilities
required by the Department of Defense. Additionally, given that
the program's capability requirements were established over 20
years ago and predicted near-peer threats have realized
capabilities more rapidly than assessed, the committee is
uncertain as to whether or not the F-35 aircraft can
sufficiently evolve to meet the future expected threat in
certain geographical areas of operations in which combat
operations could occur.
The committee is concerned about the Department's lack of
sufficient access to accurate and complete F-35 enterprise-wide
technical data, intellectual property, software code, expedient
engineering disposition turnaround times, and the Department's
significant reliance upon original equipment manufacturers
supporting development, fielding, and sustainment activities
for the airframe, propulsion, and mission systems. Especially
for an aircraft that is a military unique end item for which
the Department of Defense has invested billions of fiscal
resources over the years for a capability that still has yet to
reach its full and required combat capability to be an
effective combat platform. The committee is also discouraged by
the Department's slow response introducing competition across
the F-35 development and sustainment enterprises for both the
airframe and propulsion systems, and believes that the lack of
competition in these areas is a significant contributor to
runaway costs and the Department's inability to hold original
equipment manufacturers properly accountable for subpar
performance of products and services provided.
Therefore the committee recommends $11.73 billion, a
decrease of $292.7 million and reduction of 5 F-35A aircraft,
that would support procurement of 80 aircraft and associated
spares, modifications, depot activations, advanced procurement
for fiscal year 2023 aircraft, research and development related
to deployability and suitability initiatives, Block 4 and C2D2,
and Air Force dual-capable aircraft efforts for the Air Force,
Navy, and Marine Corps. The committee believes that reductions
in aircraft procurement quantities should also be considered in
future years that would reallocate funding towards resolving
the multitude of cost and performance issues within the F-35
sustainment enterprise.
The committee also recommends provisions elsewhere in this
Act that would: (1) limit total quantities of F-35 aircraft
that could be procured by the Department based on current cost-
per-tail-per-year affordability constraints that have been
established by the Department; (2) integrate a more fuel-
efficient and higher performance propulsion system that would
help reduce sustainment costs and provide better capabilities
regarding combat radius and thermal management, in addition to
reducing reliance upon aerial refueling aircraft; (3) direct
the Comptroller General of the United States to conduct an
annual review of F-35 sustainment efforts; and (4) require a
report and certification regarding F-35 program sustainment
costs, and prohibit the Secretary of Defense from entering into
a Performance-Based Logistics (PBL) sustainment contract until
he certified that the program met sustainment cost reduction
metrics and that any PBL contract would further reduce
sustainment costs.
National Guard and Reserve Equipment Account
The budget request contained no funding for a National
Guard and Reserve Component equipment account. The committee
has long been concerned about the availability of modern
equipment needed to ensure the relevance and readiness of the
National Guard and Reserve Components as an operational reserve
and for their domestic support missions. The committee notes
that the annual National Guard and Reserve Equipment Reports
over the last several years identify continuing shortages in
modernized equipment and challenges associated with efficiently
fulfilling combat readiness training requirements.
The committee believes additional funds would help manage
strategic risk and eliminate identified critical dual-use
equipment shortfalls. The committee expects these funds to be
used for the purposes of, but not limited to, the procurement
and modernization of High Mobility Multipurpose Wheeled
Vehicles including modifications for rollover mitigation;
Family of Medium Tactical Vehicles trucks; F-16 Active
Electronically Scanned Array radar; KC-135 modernization; C-130
propeller upgrades; C-130 firefighting system upgrades; UH-60
conversions and UH-60M Black Hawk helicopters; UH-72 Lakota
helicopters and sustainment; and other critical dual-use,
unfunded procurement items for the National Guard and Reserve
Components.
The committee recommends $950.0 million for National Guard
and Reserve equipment.
Persistent Airborne Intelligence Surveillance & Reconnaissance
The committee is concerned that the combatant commands have
a critical requirement for persistent airborne ISR in active
conflict and low-intensity, highly dispersed regions that is
not being met by existing unmanned aerial systems (UAS).
Therefore, the committee directs the Secretary of the
Defense to provide a brief to the House Committee on Armed
Services by March 1, 2022, on how ISR capabilities on
persistent, ultra-long endurance (multi-day), attritable Group
III unmanned aerial systems address these threats and how the
Secretary plans to develop these critical capabilities. This
brief should include (1) total program cost; program costs
included in the fiscal year defense plan and (2) overall
development timetable.
Radio Integration System program upgrade
The budget request contained $284.5 million for Warrior
Systems. Of this amount, $13.8 million was requested for the
Radio Integration Systems (RIS) program. The committee
recognizes the importance of ensuring timely procurement for
the RIS and the need to fully integrate disparate
communications across air, ground, and maritime domains,
providing full battlespace awareness and communication
capabilities critical across the full spectrum of special
operations forces missions.
Therefore, the committee recommends $33.8 million, an
increase of $20.0 million, in Warrior Systems for the U.S.
Special Operations Command Radio Integration System program to
procure and test the Digital Aided Close Air Support Gateways
components necessary to maintain programmatic schedule.
Further, the committee directs the Commander, U.S. Special
Operations Command, to provide a briefing to the House
Committee on Armed Services not later than January 28, 2022, on
the Radio Integration System program, to include historical and
current funding levels, an updated program schedule, and
necessary milestones to achieve full operational capability,
and any other information the Commander would like to provide.
Review of Armed Overwatch aircraft systems
The committee directs the Comptroller General of the United
States to assess U.S. Special Operations Command's (USSOCOM's)
Armed Overwatch concept. The assessment shall review:
(1) the roles and responsibilities of the Department of
Defense organizations involved in the transfer of the Air
Force's Light Attack Experimentation program to USSOCOM as the
Armed Overwatch concept, and the analysis conducted to execute
such a transfer;
(2) the extent to which the Department of Defense, to
include those organizations identified in review element (1),
has assessed the intended roles and missions of the Armed
Overwatch platforms, to include consideration of how such
platforms would support the joint force with close air support,
precision fires, and armed intelligence, surveillance, and
reconnaissance (ISR), if it is intended to do so;
(3) the extent to which Armed Overwatch, as an armed ISR
capability, will satisfy USSOCOM's airborne ISR requirements;
(4) the extent to which USSOCOM has prioritized missions
and plans, to include evaluating risks, to employ Armed
Overwatch independently or with other ISR and operational
platforms;
(5) the extent to which alternatives were considered to
meet this concept, to include capabilities provided by the
joint force; and
(6) any other matters the Comptroller General deems
appropriate.
The committee further directs the Comptroller General to
provide a briefing to the House Committee on Armed Services not
later than March 25, 2022, on the Comptroller General's
preliminary findings, and to submit a final report to the
Committees on Armed Services of the Senate and the House of
Representatives on a date agreed to at the time of the
briefing.
LEGISLATIVE PROVISIONS
Subtitle A--Authorization of Appropriations
Section 101--Authorization of Appropriations
This section would authorize appropriations for procurement
at the levels identified in section 4101 of division D of this
Act.
Subtitle B--Army Programs
Section 111--Multiyear Procurement Authority for AH-64E Apache
Helicopters
This section would authorize the Secretary of the Army to
enter into one or more multiyear contracts for AH-64E Apache
helicopters beginning in fiscal year 2022, in accordance with
section 2306b of title 10, United States Code.
Section 112--Multiyear Procurement Authority for UH-60M and HH-60M
Black Hawk Helicopters
This section would authorize the Secretary of the Army to
enter into one or more multiyear contracts for UH and HH-60M
Black Hawk helicopters beginning in fiscal year 2022, in
accordance with section 2306b of title 10, United States Code.
Section 113--Continuation of Soldier Enhancement Program
This section would continue the Soldier Enhancement Program
under the responsibility and authority of the Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology.
Section 114--Strategy for the Procurement of Accessories for the Next
Generation Squad Weapon
This section would require the Secretary of the Army to
develop and implement an acquisition strategy for the Next
Generation Squad Weapon accessories and other components.
Subtitle C--Navy Programs
Section 121--Extension of Procurement Authority for Certain Amphibious
Shipbuilding Programs
This section would extend the authority granted by section
124(a)(1) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) to
fiscal year 2022.
Section 122--Inclusion of Basic and Functional Design in Assessments
Required Prior to Start of Construction on First Ship of a Shipbuilding
Program
This section would amend section 124 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) and would require the Secretary of the Navy to ensure that
certain levels of design maturity are met before funds can be
authorized or appropriated for a first of a class naval vessel.
Section 123--Multiyear Procurement Authority for Arleigh Burke Class
Destroyers
This section would authorize the Secretary of the Navy to
enter into one or more multiyear contracts for Arleigh Burke
class destroyers and associated systems beginning in fiscal
year 2023, in accordance with section 2306b of title 10, United
States Code.
Section 124--Incorporation of Advanced Degaussing Systems into DDG-51
Class Destroyers
This section would require the Secretary of the Navy to
ensure that an advanced degaussing system is incorporated into
the contract for the next multiyear procurement contract for
the DDG-51 Flight III.
Subtitle D--Air Force Programs
Section 131--Contract for Logistics Support for VC-25B Aircraft
This section would require the Secretary of the Air Force
to re-compete the depot sustainment contract for the VC-25B
after the first 5 years.
Section 132--Limitation on Availability of Funds for the B-52
Commercial Engine Replacement Program
This section would set a cost baseline for the B-52
Commercial Engine Replacement Program.
Section 133--Inventory Requirements and Limitations Relating to Certain
Air Refueling Tanker Aircraft
This section would address KC-135 and KC-10 retirements and
limit the Air Force from moving KC-135 from Primary Mission
Aircraft Inventory to Backup Aircraft Inventory in the Air
Force Guard and Reserve.
Section 134--Minimum Inventory of Tactical Airlift Aircraft and
Limitation on Modification of Air National Guard Tactical Airlift
Flying Missions
This section would require the Secretary of the Air Force
to retain a minimum of 279 C-130 aircraft.
Section 135--Procurement Authority for Certain Parts of the Ground-
Based Strategic Deterrent Cryptographic Device
This section would allow the Secretary of the Air Force to
enter into a life-of-type procurement for the KS-75
cryptographic device as part of the Ground-Based Strategic
Deterrent program.
Subtitle E--Defense-Wide, Joint, and Multiservice Matters
Section 141--Implementation of Affordability, Operational, and
Sustainment Cost Constraints for the F-35 Aircraft Program
This section would limit the total quantity of F-35
aircraft that could be procured and maintained in the aircraft
inventory by the Secretary of the Air Force and the Secretary
of the Navy based on existing affordability cost constraints
that have been determined by each Secretary.
Section 142--Limitation on Availability of Funds for Aircraft Systems
for the Armed Overwatch Program
This section would prohibit the expenditure of certain
funds to the Department of Defense for the procurement of armed
overwatch aircraft systems until such time after the provision
of the airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for the U.S. Special Operations Command as
directed by section 165 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) to the congressional defense committees.
Section 143--Major Weapon Systems Capability Assessment Process and
Procedure Review and Report
This section would require a report on the Department of
Defense's processes for the management of strategic risk with
respect to major weapon systems capabilities and capacities
including ensuring major weapon systems' suitability for
current and emerging military threats to U.S. forces and
accomplishment of their missions, and identifying for
modernization by either upgrade or replacement any weapon
systems that are not capable of effectively accomplishing their
military purpose or are excess to operational requirements. The
section would also require the Comptroller General of the
United States to review the report and provide a briefing on
the preliminary assessment.
Section 144--Reports on Exercise of Waiver Authority with Respect to
Certain Aircraft Ejection Seats
This section would require the Secretary of the Air Force
and Secretary of the Navy to provide a report to the
congressional defense committees on a semi-annual basis that
would describe the total quantity of ejection seats currently
in operational use that are operating with an approved waiver
due to deferred maintenance actions or because required parts
or components are not available to replace expired parts or
components. The committee is aware of two recent aircraft
accidents in which ejection seats in operational service
malfunctioned during the pilot's ejection sequence due to lack
of parts or deferred maintenance actions; one ejection resulted
in a fatality.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation, Army
Items of Special Interest
40mm Training Ammunition Analysis of Alternatives
The committee has supported the Army's development of two
new 40mm day, night and thermal (DNT) training ammunition: the
M918E1 40mm high velocity (HV) cartridge and M781E1 40mm low
velocity (LV) cartridge. The committee is aware of the Army's
cancellation of the M918E1 40mm HV DNT and pause in transition
of the M718E1 LV DNT training cartridges into production. With
this delay, the Army may need to revert to legacy ammunition
and use a ``mixed belt'' configuration consisting of both the
legacy M918 and M385A1 cartridges for HV day and night training
and legacy M781 cartridge to conduct LV day-only training.
The committee is concerned that legacy HV ammunition may
present avoidable risk including unexploded ordnance (UXO)
danger, an incendiary hazard that creates a fire hazard on
training areas and reduces training efficacy. The committee is
also concerned about the use of legacy LV ammunition due to its
limitation of day-only training use.
The committee is further aware that other services
currently use alternative 40mm HV and LV day and night training
cartridges that do not present the hazards and impediments
found in the Army's legacy ammunition. Therefore, the committee
directs the Secretary of the Army to provide a report to the
congressional defense committees by March 1, 2022 that
evaluates existing and available 40mm HV and LV day and night
training ammunition currently in use in other services. The
report shall include, but is not limited to, an assessment of
the ability of other cartridges to meet the Army's
requirements, a cost analysis of procuring this ammunition for
Army use, an analysis of the contractual and legal barriers, if
any, to procurement and a potential fielding schedule.
Advanced ammunition material and manufacturing technologies
The budget request included $43.0 million in PE 0605805A
for Munitions Standardization, Effectiveness and Safety, Life
Cycle Pilot Process. The committee supports the Army's
investments in ammunition enterprise modernization. The
committee also supports the Army's focus on early research and
development of safe and clean ammunition manufacturing
technology, including novel materials, foamable celluloid and
propellant energetics. These efforts have the potential to
support the Army's key modernization efforts while continuing
to deliver high-quality, reliable and effective ammunition
products to Warfighters. The committee recommends $48.0
million, an increase of $5.0 million, in PE 0605805A for
Munitions Standardization, Effectiveness and Safety, Life Cycle
Pilot Process.
Advanced combat engine
The committee is aware of an effort to develop an advanced
combat engine with the potential to provide a modular and
scalable powertrain solution fitting the needs of the current
and next generation of combat vehicles programs, including the
Optionally Manned Fighting Vehicle (OMFV). The committee
understands that this technology is based upon an innovative
opposed piston technology with the potential to provide
significant increases in power density and efficiency in a
smaller size compared with current engines in armored or combat
vehicle applications.
Accordingly, the committee directs the Commander, U.S. Army
Futures Command to submit a report to the House Committee on
Armed Services not later than December 30, 2021, that provides
an assessment of the technical and affordability potential of
an advanced combat engine based on opposed piston technology.
Such engine's technical assessment should include its potential
for application in any current or future combat or tactical
vehicle, including OMFV.
Autonomous robotic targets for small arms live fire training ranges
The committee is aware of Department of Defense interest in
autonomous robotic targets (ART) to improve soldier lethality,
team performance, and marksmanship. The committee understands
that this technology could provide the Army with an
unpredictable and dynamic live fire training adversary, improve
warfighter readiness, and enhance soldier and squad performance
evaluation tools while expanding the useful life of existing
small arms ranges.
The committee is aware of the Army's efforts to improve
targets as part of the Future Army System of Integrated Targets
Program, and understands the Army is currently working to test
trackless moving target efforts, but that these differ from
ARTs. The committee understands that ARTs may require some
range modifications or accommodations to facilitate complex
individual and squad training exercises, but that based in part
on the favorable technology review by the Asymmetric Warfare
Group in 2013 and the Army Research Institute in 2017, select
units in the U.S. Army, Marine Corps, and Special Operations
Forces have fielded ARTs in limited capacity, providing
outstanding results. Going forward, the committee understands
that the Department's Close Combat Lethality Task Force (CCLTF)
considers ARTs to be one of the most important training
enhancement tools to significantly increase close combat
lethality today.
The committee believes ARTs as a range enhancement and
training tool significantly contribute to the ongoing CCLTF
objectives and therefore supports broader rapid adoption of
this commercial-off-the-shelf capability. The committee directs
the Secretary of the Army to submit a report to the
congressional defense committees not later than April 30, 2022,
on how the Army can field this capability in fiscal year 2023,
and what assistance the Army may need to accelerate its
fielding.
Auxiliary power units for Army combat and tactical vehicles
The committee understands that the Army is currently
exploring auxiliary power units (APUs) for use on Army combat
and tactical vehicles. APUs provide electrical power to the
vehicle's on-board systems, such as weapons, sensors,
computers, and radios, without draining the batteries or
running the engine. The committee understands that the APUs
under development could offer significant improvements in size,
weight, and fuel efficiency compared to other APU and power
generation solutions currently available. The committee
encourages the Army to continue to pursue modern, light,
efficient APUs to supplement existing on-board vehicle power
and maximize mission effectiveness while minimizing fuel
consumption in the future.
Accordingly, the committee directs the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology to
provide a briefing to the House Committee on Armed Services by
December 30, 2021, on efforts to develop modern, light,
efficient APUs for use on combat and tactical vehicles. This
report shall include, but not be limited to, plans to field new
APUs on Army combat and tactical vehicles, an overview of
current and planned research and development efforts relating
to auxiliary power units, and an assessment of which combat and
tactical vehicles stand to benefit the most from APUs currently
in development.
Battery charging for electric vehicles in tactical environments
The committee is aware of interest and efforts on the part
of the military departments and defense agencies toward the
development and potential use of electric vehicles and systems
throughout an area of operations. Using electric vehicle to
replace or supplement the current or future tactical vehicle
fleet will require sustained and focused investment in a
variety of technical areas not only in fleet electric vehicles
but in the capabilities and infrastructure necessary to support
them. The committee notes that the Army has started to identify
the capabilities required to support and sustain tactical
vehicles in an operational environment with particular focus on
the capabilities and infrastructure need to recharge those
tactical systems that are not hybrid or otherwise capable of
recharging themselves with an onboard generator. The concept of
tactical charging or recharging is central to feasibility of
the electrification of combat or tactical vehicles. The
committee is concerned that research and development of
electric vehicle charging or recharging technology should keep
pace with research and development of the vehicles themselves.
Accordingly, the committee directs the Secretary of the
Army to provide a briefing to the House Committee on Armed
Services by December 30, 2021, on research and development
plans related to electric vehicle charging and recharging in
the tactical environment. This briefing should include, but not
be limited to, an overview of the Army's current thinking on
electric vehicle operations in a tactical environment and
related sustainment requirements including battery charging or
recharging; an assessment of existing commercially available
battery charging capabilities and their potential for use in a
tactical environment; how plans and schedules for battery
charging research and development are synchronized with
electric vehicle development; and funding profiles for battery
charging research and development support electric vehicle
development.
Carbon fiber and graphite foam applications for combat and tactical
vehicles
In the committee report accompanying the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (H. Rept. 116-442), the committee noted that the U.S. Army
Ground Vehicle Systems Center (GVSC) and U.S. Special
Operations Command (USSOCOM) were conducting developmental
research on carbon fiber composite wheels and graphitic carbon
foam in support of the Army's and the special operations
forces' combat and tactical vehicle programs. The committee
took the opportunity in that report to encourage the Army and
USSOCOM to ensure that the combat and tactical vehicle
industrial base were aware of their potential interest in
graphite and carbon fiber technologies as well as to continue
to assess their possible application to future combat and
tactical vehicles.
The committee now understands that the GVSC and USSOCOM may
be interested in a wider application of graphitic composite and
graphitic carbon foam components in support of the Army's Next
Generation Combat Vehicle and for other vehicle technology
purposes. For example, graphitic composites used in batteries
and fuel cells may reduce their weight with increased strength.
Graphitic carbon foam may have utility in reducing component
heat signatures and protecting against blast, directed energy,
or electromagnetic pulse weapons.
Given the committee's encouragement in last year's report,
and its enduring interest in the testing and demonstration of
the potential of graphite composite and graphitic carbon foam
vehicle components, the committee directs the Commander, Army
Futures Command, in coordination with the Commander, U.S.
Special Operations Command, to submit a report to the House
Committee on Armed Services not later than December 30, 2021,
on efforts to make the combat and tactical vehicle industrial
base aware of its interest in graphite composite and graphitic
carbon foam vehicle components.
Electrification of combat and tactical vehicles
The committee understands the Army is in the process of
developing a tactical and combat vehicle electrification (TaCV-
E) initial capabilities document (ICD) to lay out the
operational characteristics or requirements for electrification
of the Army's ground vehicle fleet. The committee understands
the TaCV-E ICD will identify electrification opportunities for
both new start and modification of existing vehicle programs.
The committee also notes the electric light reconnaissance
vehicle (eLRV) program is the Army's rapid prototyping effort
to develop an all-electric tactical vehicle with which soldiers
can then experiment and demonstrate electrification's potential
as well as inform the broader TaCV-E initiative.
The committee is aware that the automotive industry is
aggressively moving forward with electrification based on
mature commercial technologies, including advanced battery
technology, and expects the Army to engage with traditional and
non-traditional industry entities to accelerate eLRV prototype
development and, looking farther into the future, also inform
the broader TaCV-E initiative. Inherent in vehicle
electrification is the potential for operational exportable
power generation, making modification of existing tactical
vehicles, where appropriate and cost effective, part of the
TaCV-E initiative. The Army's new Infantry Squad Vehicle and
U.S. Special Operations Command's (USSOCOM) light tactical
vehicles may be candidates for such consideration.
Accordingly, the committee directs the Secretary of the
Army, in coordination with the Commander, U.S. Special
Operations Command, to provide a briefing to the House
Committee on Armed Services by December 30, 2021, on the status
and plans for the TaCV-E and the eLRV rapid prototyping
program. The briefing should include, but not be limited to,
initial assessment of characteristics or requirements for
electrification of combat and tactical vehicles. The briefing
should include technology development plans including schedule,
technology objectives, test and evaluation strategies, and
funding profiles separately for TaCV-E and eLRV. The briefing
should identify options for the realistic and achievable
acceleration of eLRV to include funding requirements and
engagement strategies, if any, with the commercial electric
vehicle industrial base. Finally, the briefing should address
how the Army and USSOCOM are coordinating on combat and
tactical vehicle electrification technology development.
Extended range cannon artillery rate of fire
The committee notes the Army's commitment to its highest
priority modernization effort that would develop and field new
long range precision fires using both missile and cannon
artillery systems. Last year, the Extended Range Cannon
Artillery (ERCA) program demonstrated the prototype of a
modified M109A7 Paladin self-propelled howitzer that fired a
cannon launched projectile nearly 70 kilometers. Although
ranges of 70 kilometers or more appear achievable, the Army
recognizes that improving ERCA's rate of fire is critically
important to its fundamental operational utility.
In this regard, the committee is aware that last year, a
test of the Army designed and fabricated automatic loader,
intended for later insertion into the ERCA system, failed to
demonstrate suitability as a component of the modified M109A7
Paladin chassis and turret. Nonetheless, the Army is committed
to exploring other potential technical solutions that will
improve ERCA's rate of fire without undermining its operational
reliability and supportability. The committee supports this
approach.
Accordingly, the committee directs the Commander, Army
Futures Command to provide a report to the House Committee on
Armed Services by December 30, 2021, on alternative
technologies, including an automatic loader, for increasing the
ERCA system's rate of fire. This report should include, but not
be limited to a survey and assessment of the artillery systems
of NATO allies or other partner nations that evaluates and
considers the potential of the technologies they are developing
or have developed and fielded to improve cannon rate of fire.
This report should also detail the actions taken and planned
for identifying technologies relevant to ERCA rate of fire and
how the Army will ensure the widest possible participation of
relevant and available technologies in a free, fair, and open
competition for the collection, evaluation, and selection of
these candidates for possible further development. Plans
included in this report should include detailed schedules and
funding profiles.
Future Long Range Assault Aircraft
The budget request contained $1.13 billion in PE 0603801A
for advanced aviation development, including $448.4 million for
the Future Long Range Assault Aircraft (FLRAA).
As part of the Future Vertical Lift (FVL) program, the
FLRAA will eventually replace the UH-60 Black Hawk as the
Army's medium-lift utility helicopter. In previous legislation,
the committee has supported the Army's decision to accelerate
FLRAA development by 4 years and has authorized additional
funding beyond that requested in the budget submission. FLRAA
is conducting an extended competitive critical design risk
reduction (CDRR) phase through the second quarter of fiscal
year 2022, after which the program will be awarded to one
vendor and transition to a major defense acquisition program at
Milestone B. The committee notes that the extended CDRR is
intended to de-risk system and sub-system design integration to
facilitate the accelerated development schedule.
While the committee understands that the Future Years
Defense Program is under review by the Department of Defense,
the lack of outyears funding for FLRAA and the rest of the FVL
portfolio in the fiscal year 2022 budget request complicates
the committee's ability to assess the adequacy of the program's
funding profile. The committee expects the Army to budget
sufficient funding to maintain FLRAA technical development and
schedule and to share a revised future years funding profile as
soon as practicable.
Accordingly, the committee recommends $1.13 billion, an
increase of $33.0 million, in PE 0603801A for advanced aviation
development, specifically to continue risk reduction work on
the Future Long Range Assault Aircraft.
Future Vertical Lift
The committee supports the Army's pursuit of a Future
Vertical Lift (FVL) program to replace some of the Army's
existing portfolio of rotary wing assets. Army operations
depend on the capabilities of rotary wing aviation for troop
transport, reconnaissance, close air support, and logistics.
The committee recognizes that while the Army's current aviation
platforms, such as UH-60 Blackhawk, AH-64 Apache, and CH-47
Chinook, have been modified and extensively refurbished, their
basic designs have been in service for decades and may be
reaching the limits of modernization.
The committee notes that since designating Future Vertical
Lift as a top modernization priority in 2017, the Army has
shifted its acquisition strategy and now intends to develop and
procure two new platforms, the Future Attack Reconnaissance
Aircraft and the Future Long Range Assault Aircraft, in
parallel. Both programs are scheduled for First Unit Equipped
in fiscal year 2030.
The committee believes the magnitude of this program
necessitates an independent baseline assessment against which
to measure future progress, and that such an examination would
assist the committee in conducting appropriate oversight.
Therefore, the committee directs the Comptroller General of
the United States to submit a report to the congressional
defense committees by April 1, 2022, on the Army's Future
Vertical Lift program. The committee further directs the
Comptroller General to provide a briefing to the Committee on
Armed Services of the House of Representatives by February 1,
2022, on the Comptroller General's preliminary findings. The
required report shall include, but not be limited to, the
following elements:
(1) the capabilities the Army intends to acquire through
the Future Vertical Lift effort and the plan for replacing
existing aircraft;
(2) the acquisition approaches and contracting strategies
under consideration for the FVL portfolio;
(3) the estimated cost and schedule for development and
acquisition of FVL capabilities; and
(4) an assessment of the risk reduction approaches the Army
intends to employ to develop technologies, demonstrate designs,
and produce aircraft and related FVL capabilities.
Helicopter Vertical Tail Boom Modification
The committee is aware of new and emerging commercial
technologies that could benefit the Army's UH-60 aircraft
performance, to include providing more directional control with
increased lift capability. The committee supports the Army's
efforts to incorporate proven enhanced capabilities into its
current aircraft inventory.
The committee directs the Secretary of the Army to provide
a briefing to the House Armed Services Committee by March 15,
2022, on any testing conducted on vertical tail boom
modifications to improve the directional control and lift
capabilities of rotary wing aircraft, any plans for continued
testing of such capabilities, and an assessment of the aircraft
performance benefits that could be provided by these
technologies.
Improving Ground Vehicle System Center Modeling and Simulation
In the committee report accompanying the National Defense
Authorization Act for Fiscal Year 2020 (H. Rept. 116-120), the
committee noted that modeling and simulation (M&S) has
demonstrated its utility as a tool for vehicle technology
development. Subsequently, in the committee report accompanying
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (H. Rept. 116-442), the committee
further recognized the importance and value of modeling and
simulation (M&S) in supporting digital design, experimentation,
and developmental and operational test and evaluation for
military ground vehicle systems. The committee also appreciates
the briefing provided by the Army in December 2020 that
outlines the Ground Vehicle Systems Center (GVSC) plans and
efforts to improve and expand its M&S capabilities through
public-private partnerships and finding additional M&S tools
through their innovative outreach program.
The committee remains interested in the Army's development
and appropriate use of M&S capabilities supporting digital
design, technology development, experimentation, and testing of
combat and tactical vehicles. Accordingly, the committee
directs the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology, not later than March 1, 2022, to
provide a briefing to the House Armed Services Committee that
outlines the Army's accomplishments, if any, that demonstrate
its improvement and expansion of GVSC's internal and external
M&S capabilities and how such improvements and expansion
directly supports, materially advances, and reduces costs for
the Army's high priority programs for combat and tactical
vehicle modernization.
Modernization of mobile X-ray systems
The committee recognizes that forward-deployed military
medical facilities require ruggedized diagnostic equipment that
provide lifesaving and timely diagnostics in adverse conditions
to save lives during the ``golden hour,''and that recent
breakthroughs in X-ray technology have resulted in mobile units
with significant reductions in Size, Weight & Power Cost. The
committee believes that these new technologies have the
potential to improve currently deployed mobile X-ray imaging
systems, and urges the Secretary of the Army to consider plans
to modernize mobile X-ray units to ensure that the best
possible care is available to deployed soldiers.
Modular approach to combat vehicle lethality
The committee notes that the Army and Marine Corps have
related modernization efforts to improve the lethality of their
existing and future ground combat vehicles. These efforts are
directed at all the combat functions but are particularly
noteworthy in the modernization of the direct fire weapons
systems for tanks, mechanized and motorized infantry, light and
armored reconnaissance, and air defense.
Ground combat vehicle lethality today and well into the
future depends upon technologically superior sensors, fire
control, and weapons. Current combat vehicles initially
developed and fielded decades ago, and upgraded several times
since, have a variety of capabilities for each. In the
committee report accompanying the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (H.
Rept. 116-442), the committee expressed its interest in the
potential of commonality in weapon station configuration for
the Stryker infantry carrier. The committee remains interested
in the potential opportunity, given the number of combat
vehicle development programs underway in the Army and Marine
Corps, to focus development efforts for new vehicles on
modular, multi-purpose approaches that allow fielding future
weapons capabilities in different mixes, across like-vehicle
chassis families, and in configurations that allow rapid
weapons changes even in a field environment.
Accordingly, the committee encourages the Army and Marine
Corps to consider modernization of ground combat vehicle
lethality by pursuing modular, multi-purpose sensor, fire
control, and weapon configurations capable of hosting a variety
of weapons across a vehicle family. Such modular, multi-purpose
capability should include capacity for technological growth
allowing for the incorporation of advances in sensors, fire
control, and weapons as they are fielded.
The committee also directs the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology to provide a
briefing to the House Committee on Armed Services by December
30, 2021, on an assessment of the potential of combat vehicle
lethality that uses modular, multi-purpose approach to sensor,
fire control, and weapons configuration. This assessment should
include existing or future capabilities, if any, that could
provide this capability.
Report on the Universal Robotics Controller (URC) Program
The committee is aware that the U.S. Army's Universal
Robotics Controller (URC) program is developing a common, open
architecture operating system to run applications for all
battalion and below Robotic and Autonomous Systems (RAS). URC
is intended to be both backwards compatible with existing Army
RAS and forward compatible with emerging Army and Joint RAS
such as the Next Generation Combat Vehicle (NGCV), Optionally
Manned Fighting Vehicle (OMFV), and Robotic Combat Vehicle
(RCV) programs. The committee is also aware that there may be
commercial operating systems that meet the requirements of the
URC program and provide equivalent functionality at lower cost.
Accordingly, the committee directs the Assistant Secretary of
the Army for Acquisition, Logistics, and Technology, not later
than January 30, 2022, to provide a briefing to the House Armed
Services Committee on the Army's development strategy for URC
including identification and an assessment of any viable
commercially available alternatives for the URC program.
Request for Briefing on Vehicle Cyber Security Research Center
The budget request contained $164.9 million in PE 0603462A
for Next Generation Combat Vehicle advanced technology
development. The committee recommends $169.9 million, an
increase of $5.0 million, in PE 0603462A for vehicle cyber
security research.
The committee understands the risks that cyber-threats pose
to the effective and efficient operation of our military and
commercial vehicles and recognizes that a wide range of
expertise, resources, and technical capability are necessary to
address cyber-security challenges. The committee also
acknowledges that there is both a national security and an
economic value in collaboration to address these challenges
through the integration of Department of Defense, federal
agencies, commercial entities, and academic partners. Private-
public collaboration and formal partnerships are important
tools for conducting research and innovation, specifically in
technology and cyber-security programs.
Accordingly, the committee directs the Commander, Army
Futures Command, not later than February 1, 2022, to provide a
briefing to the House Committee on Armed Services on the
feasibility and advisability of establishing a research center
for vehicle cyber security development and testing either under
the authority of the U.S. Army Ground Vehicle Systems Center or
as a Cooperative Research and Development Agreement. This
briefing should include an assessment of the purposes,
objectives, governance, facilities and staffing requirements,
cost estimates, and identification of suitable locations for
establishment of such a center to support vehicle cyber
security research, development, and testing.
Thermal imaging and intrusion detection technology
The committee is aware of technology developing within the
commercial sector for thermal imaging, analytics, and intrusion
detection. These technologies are currently used within the
mining industry and could have potential application to
Department of Defense systems by increasing capabilities and
reliability, reducing component size, and come at substantial
cost savings over legacy systems. The committee encourages the
military departments to investigate adoption of this technology
to current and future military applications for thermal imaging
and intrusion detection requirements.
Vehicle protection systems against unmanned aerial systems
The committee has consistently supported the Army's efforts
to identify, develop, integrate, and test various active and
passive vehicle protection systems (VPS) that would increase
armored vehicle survivability and protect crew and passengers.
The Army has examined many technologies with the potential to
provide such protection from direct fire systems such as
missiles, rocket-propelled grenades, as well as medium and
small arms projectiles. The committee is unclear, however, as
to VPS research or development efforts related to potential
threats from unmanned aerial systems (UAS).
Accordingly, the committee directs the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology to
provide a briefing to the House Committee on Armed Services not
later than January 28, 2022, that addresses the Army's plans
and activities related to VPS against UAS threats. This
briefing shall include:
(1) an assessment of current and future UAS threats to
armored vehicles;
(2) the Army's research, development, test, and evaluation
strategy to identify and examine existing or readily available
counter-UAS VPS technologies; and
(3) funding profiles for research and procurement though
the Future Years Defense Program.
Wearable Gesture Control Technology
The committee understands the 2019 Army Modernization
Strategy calls for the development and procurement of tools and
platforms that increase situational awareness, reduce cognitive
load, simplify use of unmanned systems, and improve human-
machine connectivity. The committee also understands the Army
is pursuing gesture control technology, a potential capability
shared between these priorities that harnesses neural and
physical gesture impulses to control digital interfaces,
unmanned systems, and communications. Therefore, the committee
directs the Secretary of the Army to brief the congressional
defense committees no later than March 1, 2022, on its efforts
to integrate gesture control technology into platforms with
potential compatibility, including but not limited to
Integrated Visual Augmentation System (IVAS), Android Tactical
Assault Kit (ATAK), Nett Warrior, Enhanced Night Vision Goggle-
Binocular (ENVG-B), Soldier Borne Sensors, and aerial and
ground robotics. The briefing shall include, but is not limited
to, existing capabilities, research and development efforts,
and potential budget and schedule timelines.
Research, Development, Test, and Evaluation, Navy
Items of Special Interest
Accelerating supercavitating ammunition
The committee has been supportive of efforts to test and
validate supercavitating ammunition technologies. Recent
reports provided by the Department of Defense to the committee
demonstrate that this technology fulfills current unmet
requirements. Specifically, the capability provides increased
performance over conventional rounds with higher impact energy
through multiple media while delivering improved precision
projectiles. The rounds are also meeting capability
expectations in air to water, water to air, and underwater
shooting. The committee is concerned that advancements by near-
peer competitors in this area have led to gaps in U.S. Armed
Forces readiness and lethality capabilities.
Current reports indicate an intention to begin procurement
of the capability in fiscal year 2021, and the committee
encourages the Secretaries of the Army and the Navy to move
quickly to procure this capability. As the Joint Program
Executive Office Armaments & Ammunition (JPEO-A&A) is tasked
with providing superior ammunition to the soldier, the
committee believes this technology is needed to help them
fulfill their mission of delivering dominating capabilities to
the warfighter and urges the JPEO-A&A to formalize this
capability within a program of record as a component of the
upcoming Program Objective Memorandum and Budget Estimate
Submission for fiscal year 2023.
Advanced Low Cost Munition Ordnance
The committee continues to support accelerating deployment
of and continued roadmap development of the Advanced Low Cost
Munition Ordnance 57mm guided projectile, with fire-and-forget
capability that requires no Littoral Combat Ship fire control
system changes, to counter the growing threats posed by small
boat swarms, unmanned aerial systems, and other emerging
threats.
Assessment of the Naval Air Warfare Center Division
The committee recognizes the significance of the Naval Air
Warfare Center Weapons Division (NAWCWD) and the vital
research, development, acquisition, test, and evaluation of
U.S. military weapons systems conducted throughout the
division. NAWCWD leverages its experienced and diverse
military-civilian personnel workforce to deliver critical
capabilities to the warfighter that provide tactical advantages
and carry out complex development, integration, and testing of
weapon systems. The committee understands that as threats grow
with the advancement of technology, NAWCWD faces challenges in
fulfilling its mission. These challenges include funding for
key sustainment, restoration, and modernization of specialized
and relevant research and testing capabilities and equipment,
and increasing workforce recruitment, retention, and expertise.
The committee believes that given the need for advanced and
next-generation weapon systems development, a current
assessment is necessary to provide relevant information on the
challenges confronting NAWCWD.
Therefore, the committee directs the Secretary of the Navy
provide a report to the congressional defense committees not
later than December 30, 2021, that assesses the key enabling
issues and items supporting NAWDC's mission to determine what
capacity, resources, and infrastructure is required to support
advanced and next-generation weapon systems development and
testing activities into the future.
Implementation of the National Security Innovation Partnerships and
Integration of the Future of Defense Center and Naval Tech
Bridges
The committee notes that the United States has entered an
era of great power competition. As the 2021 Interim Strategic
Guidance suggests: We face a world of rising nationalism,
receding democracy, growing rivalry with China, Russia, and
other authoritarian states, and a technological revolution that
is reshaping every aspect of our lives . . . China, in
particular, has rapidly become more assertive. It is the only
competitor potentially capable of combining its economic,
diplomatic, military, and technological power to mount a
sustained challenge to a stable and open international system.
To meet the demands of great power competition, the United
States must not only compete on the battlefield, but also in
the technological sphere. To effectively compete and out-
innovate strategic competitors such as China, the committee
believes the Department of Defense should harness, organize,
and integrate the talent within the Department, universities,
and the private sector around critical national security
problems.
The committee believes that Hacking for Defense continues
to be an innovative educational model that could underpin other
Department innovation efforts. The committee notes that the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91) authorized the Secretary of Defense to support
national security innovation and entrepreneurial education
including the Hacking for Defense program. The committee
further notes that the Department has adopted and scaled the
program and applauds the Department's expansion of this and
other efforts to scale innovation at the speed of relevance.
The committee further notes that section 219 of the
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) National Security Innovation Partnerships directed
the Secretary of Defense to facilitate engagement with academic
institutions, private sector firms in defense and commercial
sectors, commercial accelerators and incubators, commercial
innovation hubs, public sector organizations, and nonprofit
entities with missions relating to national security innovation
for the purpose of developing solutions to national security
and defense problems articulated by entities within the
Department, including through programs such as the Hacking for
Defense program. The Office of Naval Research (ONR) has been
engaged in innovation efforts that are consistent with the
Hacking for Defense model, and the committee encourages ONR to
continue supporting the Secretary in executing the direction in
this section.
Further, the committee supports the ONR's efforts to train
and deploy innovation leaders and leverage the Department of
the Navy's tech bridges to bring new and innovative
capabilities to the warfighter. Through such efforts, the
committee believes the Navy will inculcate the foundational
principles of problem definition and build operational concepts
through methods such as Lean Startup to allow for faster
delivery of capability to the warfighter.
In addition, the committee supports the ONR's establishment
of the Future for Defense Center. The committee believes such a
center will help the Department of the Navy study, improve, and
institutionalize processes that will build and harness the
national security innovation base.
Therefore, the committee directs the Secretary of Defense
to submit a report to the congressional defense committees by
April 1, 2022 on how the Department of Defense is integrating
the Future of Defense Center, the training and deployment of
innovation leaders, and the Department of the Navy's NavalX
Tech Bridges and the Centers for Adaptive Warfighting to
achieve new and innovative technologies at scale. The report
should include, but not be limited to, the following:
(1) The authorities the Department of the Navy requires for
such efforts;
(2) The required budget to sustain such efforts in the ONR
in future fiscal years;
(3) The partnerships that the ONR is undertaking to further
such efforts;
(4) Similar efforts within the other United States Armed
Forces and across the Department of Defense ecosystem;
(5) A status on the implementation of Section 219 of the
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) National Security Innovation Partnerships; and,
(6) Any other information the Secretary deems relevant.
MH-60 Service Life Extension Program and modernization
The budget request contained $46.4 million in PE 0604216N
for multi-mission helicopter upgrade development.
The committee is aware that the Navy's MH-60 Seahawk fleet
is nearing the end of its service life and is slated for a
service life extension program (SLEP) to avoid creating a gap
in the helicopter inventory. The committee understands that the
Navy intends to begin the MH-60S SLEP in 2024, followed by the
MH-60R approximately 3 years later. The committee notes that
while a SLEP will extend the service life of these aircraft,
weight growth, operations in a GPS-denied environment, and
increased cyber and electronic warfare threats require similar
attention to keep the aircraft and mission system performance
relevant through the next decade.
The committee views scheduling capability upgrades in
conjunction with the MH-60 SLEP as the most efficient route to
addressing evolving threats, enhancing performance, and
resolving obsolescence issues in the MH-60 fleet. The committee
further notes that the Consolidated Appropriations Act for
Fiscal Year 2021 (Public Law 116-260) included an additional
$10.0 million for MH-60 upgrades. The committee is aware that
the Navy intends to utilize this funding to begin integration
of a digital magnetic anomaly detector, upgrade software and
mission systems, and address obsolescence issues. The committee
supports this effort and considers these technology
improvements as key to reducing future operational risk for the
upgraded MH-60 fleet.
Accordingly, the committee recommends $56.4 million, an
increase of $10.0 million, in PE 0604216N for multi-mission
helicopter upgrade development, specifically to continue
development of performance enhancement and threat mitigation
solutions for integration on the MH-60 helicopter.
Next Generation Jammer high band
The budget request included $243.9 million in PE 0604274N
for Next Generation Jammer Increment 1 and $248.0 million in PE
0604282N for Next Generation Jammer Increment II, but no
funding for a capability to counter the high band electronic
warfare threat.
The committee supports the ongoing development of the
Department of the Navy's Next Generation Jammer mid and low
band capabilities but notes that the Navy has yet to begin to
address the high band threat. The committee is aware that the
Navy's airborne electronic attack community views a high band
capability as a top modernization priority and that the
existing tactical jammer on the EA-18 Growler is not equipped
to meet evolving threats. The committee concurs with this
assessment and recognizes the need for an upgraded high band
jamming capability for the Navy's EA-18 Growler.
Therefore, the committee recommends $245.4 million, an
increase of $1.5 million, in PE 0604274N, to include an
increase of $10.0 million to begin risk reduction on a high
band electronic attack capability for EA-18G aircraft, and a
reduction of $8.5 million due to test and evaluation delays.
The committee further directs the Secretary of the Navy to
submit a report to the congressional defense committees by
February 1, 2022, on the technical requirements, estimated cost
and schedule, and acquisition strategy for producing a high
band capability for the EA-18 Growler. The report should also
assess the practicality of leveraging the investments already
made on Next Generation Jammer to develop and field a high band
capability.
Shipboard High Energy Laser
The committee is encouraged by the Navy's continued
progress in testing and deploying High Energy Laser Systems
(HELS). The integration of the 150kW class Solid State Laser
Technology Maturation on the USS Portland (Landing Platform/
Dock-27) in 2019 is a significant improvement in lethality over
the Laser Weapons System and will provide a valuable capability
to counter unmanned aerial systems and fast inshore attack
craft, as well as intelligence, surveillance, and
reconnaissance capabilities on its upcoming deployment. The
committee is also encouraged by the planned integration of the
60kW HELIOS and 30 kW Optical Dazzler Interdictor Navy on
identified Arleigh Burke-class destroyer ships beginning in
2021. The committee is eager to facilitate the widespread
adoption of this necessary capability, but is concerned about
inadequate Space, Weight, Power and Cooling, Service Life
Allowances in currently deployed ships and a robust industrial
base. Lastly, the committee would like to avoid backfitting
costs by ensuring future ship design plans include HELS.
The committee directs the Secretary of the Navy to provide
a briefing to the House Committee on Armed Services by December
1, 2021, on a plan describing a path forward for integration of
HEL Systems with more than 150kW of power on the DDG(X) ship
class, and address installation plans on other surface
combatants Arleigh Burke-class destroyers.
Silicon carbide power modules
The committee supports the recommendations in the recently
updated Naval Power and Energy Systems Technology Development
Roadmap for development of advanced power electronics,
including silicon carbide power modules, which can reduce the
size and weight of power conversion modules and other
electronic systems needed to power advanced sensors and weapon
systems. Space is limited on current and legacy Navy ships and
the committee encourages the Secretary of the Navy to provide
additional funding to support cost reduction and qualification
of silicon carbide power modules in order to enable a
deployment of high-power, mission-critical systems on Navy
platforms as early as fiscal year 2024.
Transformational Reliable Acoustic Path System
The committee recognizes the Transformational Reliable
Acoustic Path System (TRAPS) is a deployable deep-water passive
undersea sensor, designed to auto-detect and report subsurface
contacts. The TRAPS system uses a fixed sonar node placed on
the ocean floor, exploiting the advantages of operating from
the seafloor, to achieve large-area surveillance. Each node
communicates back to a floating ``stationary surface node''
through a wireless acoustic modem when the ocean floor node
detects a sound. The committee further recognizes that this
system gives Navy operators the ability to provide safe havens
in contested areas for surface fleet vessels and provides added
capability for Anti-Submarine Warfare (ASW) surveillance. The
key features of the TRAPS system, in particular, is its small
footprint and operational flexibility. TRAPS provides reliable
long-range detection of quiet submarines in open-ocean and key
transit areas. The committee encourages the Secretary of the
Navy to continue development of this critical capability.
Virtualization Technology
The committee is aware of the important role that weapons
system virtualization technology can play in reducing size and
weight, streamlining hardware requirements, increasing
efficiency, and improving capability. Using virtualization
technology, the Navy was able to run AEGIS Weapon System code
in a successful live fire engagement in a fraction of the
original hardware space, allowing that space to be used for
other purposes. As the information technology needs of deployed
forces and weapons systems increases, it is important that
virtualization technology be utilized where appropriate to
reduce unnecessary hardware requirements while providing safe,
secure, and interoperable capabilities to the battlefield edge.
Therefore, the committee directs the Secretary of Defense, in
consultation with the Under Secretary of Defense for Research
and Engineering, the Under Secretary of Defense for Acquisition
and Sustainment, and the Director of Operational Test and
Evaluation, to submit a briefing to the congressional defense
committees not later than March 1, 2022, on a plan to use
commercial virtualization technology, such as was used in the
AEGIS system, in weapon systems and for deployed forces. This
briefing can accompany or be included in the Digital twin
assessment required elsewhere in this bill.
Research, Development, Test, and Evaluation, Air Force
Items of Special Interest
Adaptive Engine Transition Program propulsion system
The budget request contained $13.5 million in PE 0604004F
for the Adaptive Engine Transition Program (AETP).
The committee supports the adaptive cycle engine research
and development initiative and encourages the Department of
Defense to transition this technology into the engineering and
manufacturing development phase quickly. Tactical fighter
aircraft propulsion is one of the few areas in which the United
States maintains a distinct advantage over near-peer
competitors. The F-35 Lightning II is currently planned to
comprise a significant portion of tactical fighter aircraft
inventories for the United States and its global partners and
allies, but it's presenting affordability challenges for all
involved with the program related to current and forecasted
sustainment and maintenance costs. According to Air Force
officials, the AETP technology is predicted to reduce F-35 fuel
consumption by 25 percent, increase F-35 combat radius 27
percent, provide a 167 percent increase in F-35 air system
thermal management capability, and provide a positive impact
towards environmental considerations. The Department's failure
to transition the AETP into production at the earliest
opportunity on the F-35, after reaching appropriate
technological and production representative maturity, would
constitute a missed opportunity to capitalize on the more than
$4.0 billion invested to date in research and development for
AETP. AETP also presents an opportunity to reduce the current
unaffordability of the F-35 given currently planned future
inventory levels and would strengthen F-35 performance
capabilities. The committee also recognizes the importance of
maintaining a strong, competitive military engine industrial
base and the role AETP technology could play in supporting our
national security strategy for defense and the environment.
Therefore, the committee recommends $270.5 million, an
increase of $257.0 million, in PE 0604004F for acceleration and
integration of AETP into the F-35. The committee also includes
a provision elsewhere in this title that would require an
executable and risk informed acquisition strategy for
integrating and fielding the AETP propulsion system into the F-
35A aircraft be submitted to Congress as part of the fiscal
year 2023 budget request. The committee also expects the
Department to evaluate the use and implementation of middle-
tier acquisition authorities enabling rapid prototyping and
fielding of AETP into F-35A aircraft.
Advanced Battle Management System
The committee supports the Air Force's November 2020
decision to restructure the Advanced Battle Management System
(ABMS) development effort and direct the Air Force Rapid
Capabilities Office (AFRCO) to assume responsibility for
producing specific capabilities for fielding to the force. The
committee agrees with the decision to prioritize tangible
solutions but emphasizes that questions remain about the
direction of ABMS. Though the Air Force reduced the amount
requested under the ABMS budget line, the service also
requested $82.4 million in PE 0604006F, Department of the Air
Force Technical Architecture Design, Integration, and
Evaluation, a new program element to fund technical
architecture activities. ABMS is now split between two lines of
effort, architecture and interface development under the Chief
Architect's purview, and product development managed by AFRCO.
The committee is concerned with ensuring that ABMS supports
Air Force all-domain command and control and avoids wasting
resources on duplicative or low priority solutions. While
connecting every sensor to every shooter appears a worthy goal,
the ABMS emphasis on architecture interface development may
have the undesired effect of locking the Air Force into the
current centralized command and control process to which the
Joint Force has become reliant. Concepts, such as the Defense
Advanced Research Projects Agency (DARPA)'s mosaic warfare
whereby forces could be recombined to provide more options
against an adversary, will require decision support tools to
aid command and control rather than a narrower focus on a pre-
defined communications architecture. The committee encourages
the Air Force to concentrate on a command, control, and
communications strategy that maximizes flexibility to avoid
inadvertently constraining future commanders' options.
The Air Force should ensure the capabilities ABMS delivers
support the overarching Joint All Domain Command and Control
concept. Therefore, the committee directs the Comptroller
General of the United States to conduct a review of ABMS and
provide the congressional defense committees with a report by
November 1, 2022. The committee further directs the Comptroller
General to provide a briefing to the House Committee on Armed
Services by March 15, 2022, on the Comptroller General's
preliminary findings. The required report shall include, but
not be limited to, the following elements:
(1) an evaluation of the Air Force's business case for
ABMS, such as the acquisition strategy, technology readiness
assessments, product roadmaps, and cost estimates;
(2) an assessment of the Air Force's approach to
prioritizing and developing capabilities to address Combined
Joint All Domain Command and Control requirements, including
efforts focused on command and control, and those focused on
communications;
(3) an assessment of how AFRCO is evaluating the value of
its development efforts and obtaining feedback from warfighters
using these capabilities; and
(4) an assessment of how AFRCO is ensuring its development
efforts are not duplicative of the other ongoing programs in
military departments.
Accordingly, the committee recommends $178.8 million, a
reduction of $25.0 million, in PE 0604003F for the Advanced
Battle Management System and $48.4 million, a reduction of
$34.0 million, in PE 0604006F, Department of the Air Force
Technical Architecture Design, Integration, and Evaluation.
Air Force Sensor Open Systems Architecture Standard initiative
The committee commends the Department of Defense's support
for Modular Open Systems Architecture (MOSA) in recent years.
The Air Force's Sensor Open Systems Architecture (SOSA) and the
Army's Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance (C4ISR) Modular
Open Suite of Standards (CMOSS) are examples of mature military
electronics standards initiatives that are proving that
programs of record can be unified around common modular
building blocks. Increased use of these standards has the
potential to increase speed of technology refresh, foster
industry competition, and reduce the U.S. Government's costs of
modernization and sustainment.
The committee notes that the SOSA and CMOSS standards are
aligned in both hardware and software specifications, creating
cross-service cooperation and cost savings for the Department
of Defense (DoD). Nonetheless, the committee understands that
despite this progress, Department of the Air Force software
standards are still largely stovepiped along mission or
capability areas and often not accessible to smaller or non-
traditional defense contractors.
The committee encourages the Air Force to consider
leveraging SOSA software and hardware standards across high
priority sensor and C4ISR programs in support of building a
true open, common, multi-purpose backbone architecture able to
incorporate new capability more quickly and at lower cost.
Therefore, the committee directs the Secretary of the Air
Force to submit a report to the congressional defense
committees by March 1, 2022, on plans to accelerate and expand
implementation of SOSA software and hardware standards. This
report shall explain:
(1) How the Air Force intends to leverage SOSA to combine
mission areas into a common system hardware and software
ecosystem for multi-mission/multi-intelligence tactical
communication, C4ISR, electronic warfare, signals intelligence,
geospatial intelligence, and battlefield embedded computing;
(2) How the Air Force can maximize the accessibility and
participation from industry and NATO partners, especially small
and medium sized traditional and non-traditional defense
businesses, to build against the SOSA standard;
(3) How the Air Force will ensure life cycle support of
future SOSA sensor and C4ISR programs; and,
(4) How the Air Force will resource future SOSA standard
research and development efforts such as prototyping, industry
technical interchanges, a method of SOSA system accreditation/
industry technical interchanges, and efforts to domestically
source advanced chip technologies and manufacturing of critical
components for the DoD.
Airborne augmented reality for Air Force pilot training
The budget request contained $7.1 million in PE 0207701F
for full combat mission training activities, but did not
include sufficient funding for airborne augmented reality
training capability development.
The committee has been monitoring significant Air Force
pilot shortfalls for the past two decades but remains concerned
that minimal progress has been made addressing the issue,
especially increasing the quantity of tactical fighter aircraft
pilots. Although initiatives by Air Education and Training
Command (AETC) and Air Combat Command (ACC), such as Pilot
Training Next, Undergraduate Pilot training 2.5/3.0, and
project ``Rebuilding the Forge'', are designed to leverage
innovative technologies and methodologies to train and field
fighter pilots faster and to a higher training standard,
neither AETC nor the ACC has sufficiently supported the
development optimization of other innovative technologies
advancing inflight training operations to meet pilot production
and training requirements. The committee notes that airborne
augmented reality (AAR) technology currently under evaluation
by the Air Force Research Laboratory, ACC, and AETC are
demonstrating great promise at addressing this aspect of
training.
Therefore, the committee recommends $16.6 million, an
increase of $9.5 million, in PE 0207701F for full combat
mission training activities, to accelerate AAR technologies for
military pilot training. The committee also expects the
Secretary of the Air Force to move more rapidly to develop and
field AAR technologies that will enable significantly improved
training outcomes, reduced net training costs, and increased
environmental sustainability.
Common Armament Tester Fighters (CAT-F)
The committee is aware the Air Force is conducting an
analysis of alternatives (AoA) to develop a new material
solution as part of the Air Force Common Armament Tester
Fighters (CAT-F) program. This program is critical to providing
a common test capability for fighter aircraft armament systems
in support of F-15, F-16, A-10, MQ-9, and F-22 aircraft. The
committee has a strong interest lowering acquisition cost and
program risk by evaluating and leveraging existing operational
systems in use across the military services that have the
potential to meet new mission requirements. The committee
expects the Air Force to fully consider all available options,
including Navy test systems now in use, that may have the
potential to meet Air Force operational requirements while
delivering enhanced capability faster and at a lower cost.
Therefore, the committee directs the Secretary of the Air
Force to provide a briefing to the House Committee on Armed
Services by March 1, 2022, on its strategy to consider existing
systems and technologies across the military services with the
potential to meet CAT-F mission requirements, what systems have
this potential, and how this information will be assessed and
incorporated by the Air Force prior to release of the CAT-F
request for proposal.
Digital engineering design and manufacturing expansion
The committee supports the Air Force's continued
development of its advanced manufacturing techniques and
processes that are predicted to reduce cost and time needed to
develop, test, and field new weapon systems and capabilities.
The committee acknowledges the positive impacts that ``e-
Design'' digital engineering initiatives had on the new T-7A
trainer by nearly eliminating manufacturing rework and touch-
labor hours to assemble the first aircraft. The committee
believes e-Design and advanced manufacturing processes and
techniques will allow the Air Force to exchange real-world
activities with the digital environment, increasing speed and
agility.
Therefore, the committee directs the Secretary of the Air
Force to provide a briefing to the House Committee on Armed
Services not later than February 15, 2022, on the Air Force's
ability to expand digital engineering capabilities to a wider
range of programs, high-cost structural parts, mission systems,
and component subsystems. The committee expects the briefing to
include verifiable information that describes how e-Design
methodologies and processes will reduce a program's
maintenance, sustainment, and operations costs during the life-
cycle of the program.
Enhanced connectivity with RC-135 aircraft
The committee continues to be concerned about networked
data sharing between intelligence, surveillance, and
reconnaissance (ISR) aircraft and current and advanced next
generation tactical platforms. The committee is aware of
disparate efforts aimed at equipping existing tactical and ISR
aircraft with resilient, low probability of intercept, low
probability of detection (LPI/LPD) data links for information
sharing but is unaware of any comprehensive, near-term plan for
incorporation on existing systems.
As a high-demand, low-density airborne signals intelligence
collection platform, the RC-135V/W Rivet Joint is a critical
node in the Air Force sensing grid, providing sensor processing
at the tactical edge, electromagnetic support, and tactical and
beyond line of sight communications capabilities. The committee
notes that despite the RC-135's expanded tactical role
delivering time-sensitive situational awareness information
directly to the warfighter, the Air Force has yet to consider
utilizing available LPI/LPD data links on the aircraft for
connectivity with 5th generation systems. Given that the Air
Force's ISR 2030 plan includes maintaining RC-135 in the
inventory into the next decade, the committee believes the Air
Force should prioritize modernized data links for the aircraft
to ensure maximum interoperability with key weapons systems.
Accordingly, the committee directs the Secretary of the Air
Force to provide a briefing to the House Armed Services
Committee not later than December 15, 2021, on efforts to
enhance collaboration between the RC-135 system and current 4th
and 5th generation platforms and future next generation
platforms. At a minimum, the briefing shall include:
(1) an assessment of the existing LPI/LPD networking data
links in use or technologically suitable for any ISR aircraft
in the Air Force inventory;
(2) current communication and information sharing
capability between RC-135 and 4th and 5th generation aircraft,
to include types and amount of data able to be shared and an
assessment of the security and resiliency of each capability;
(3) any planned future connectivity and data sharing
capabilities between RC-135 and 5th generation or advanced next
generation platforms, to include a description of the technical
requirements, cost, and timeline for integration onto the RC-
135; and
(4) an analysis of the feasibility, technical requirements,
and estimated cost of integrating the multifunction advanced
data link onto the RC-135.
Report on the Agility Prime program of the U.S. Air Force
The committee recognizes that the U.S. Air Force's Agility
Prime program is working towards its goal of ensuring a robust
domestic market for electric vertical takeoff and landing
(eVTOL) aircraft, as well as introducing the Department of
Defense to zero emissions aviation. eVTOL aircraft can provide
the Department with many unique use cases since they are
electric, have significantly lower noise levels compared to
today's aircraft, lower maintenance and operating costs, and
reduced heat signatures. The committee commends the Air Force
for prioritizing the Agility Prime program and believes that
continued investment in this technology will help to maintain
the country's global leadership in the eVTOL market.
Therefore, the committee directs the Secretary of the Air
Force to submit a report to the congressional defense
committees not later than March 30, 2022, on the research,
development, testing, and acquisition strategy for the Agility
Prime program. The required report shall address the following
matters:
(1) a description and justification for the focus areas of
the program.
(2) projected dates for key milestones within the strategy.
(3) cost estimates and a projected budget for a 5-year
investment plan.
(4) a description of how the strategy will improve
collaboration with the private sector and military exploration
of these key areas of innovation.
(5) a description of how the strategy will encourage
competition and reward innovation for addressing system
performance requirements.
(6) policies that could be pursued by the Department to
ensure global leadership in the sector.
(7) a projected timeline for acquisition of electric
aircraft.
T-7 review and program risk assessment
The budget request contained $188.9 million in PE 0605223F
for the research and development efforts associated with the
Air Force T-7 advanced pilot training aircraft that is
scheduled to replace the T-38C aircraft at various Air Force
pilot training basing locations in the continental United
States beginning in the fiscal year 2023 timeframe.
The committee notes that the T-7 program commenced in
September 2018 with expectations of low-risk and high-reward
program execution due to the prime contractor for the program
using leading-edge, digital engineering design and full-sized
determinate manufacturing technologies to produce two prototype
aircraft in near-record time. While the committee appreciates
the advances in more rapid acquisition practices and aircraft
manufacturing processes, the committee remains concerned
regarding the flight science development and supply chain
establishment for this program. The committee notes that the
low-rate initial production milestone decision has been
postponed at least 1 year from the originally planned date due
to flight science software glitches and challenges associated
with sourcing and establishing critical parts from the global
supply chain. Acknowledging that the T-7 aircraft is not
planned to integrate complex mission systems nor have the
ability to employ weapons, the committee remains cautiously
optimistic that the T-7 program will not experience the program
issues, challenges, and cost overruns that the Air Force has
seen with other programs.
Therefore, the committee recommends $170.0 million, a
decrease of $18.9 million, in PE 0605223F for the research and
development efforts associated with the Air Force T-7 advanced
pilot training aircraft. The committee also directs the
Comptroller General of the United States to provide a briefing
to the House Committee on Armed Services not later than March
1, 2022, that provides an assessment of current estimates for
cost, schedule, contractor performance, technology maturation,
software development, systems integration, and program risks
for the development and manufacturing of the T-7 aircraft.
Teamable Attritable Air Vehicles
The committee is aware of progress made regarding the
development of teamable attritable air vehicles and believes
they will play an important role in effectively countering
anti-access area denial threats. While the Committee encourages
the continued rapid development of these vehicles under the
Skyborg Vanguard program, it is concerned by the absence of
available propulsion systems with cost-optimized limited-life
design, high-speed maneuverability, and high electrical power
generation capacity. Modified commercial jet engines currently
used on Skyborg experimentation demonstrator vehicles do not
provide the electrical power generation and high-G
maneuverability necessary for fighter aircraft teaming
missions, without significant modification. These commercial
engines are also designed for thousands of flight hours, which
are excessive compared to the Department's requirements for
attritable vehicles, resulting in unnecessarily high
acquisition and operating costs.
The committee is encouraged by the Air Force Research
Laboratory's effort to develop long-term propulsion solutions
for attritable air vehicles under the Attritable Cost-Optimized
Limited-Life Engine Technologies program and believes these
activities must be appropriately funded in Fiscal Year 2022
(FY22) and beyond to ensure parity with ongoing airframe
systems development. Therefore, the committee directs the Under
Secretary of Defense for Research and Engineering to provide a
briefing to the congressional defense committees by June 30,
2022 on a roadmap for the development of teamable attritable
aircraft and high-speed attritable propulsion starting in FY22.
Research, Development, Test, and Evaluation, Space Force
Items of Special Interest
Space Force higher education strategy
The committee appreciates the Space Force's establishment
of a Chief Scientist, a Chief Technology and Innovation
Officer, and a University Partnership Program as part of its
efforts to improve its science and technology strategic vision
and execution as well as its access to the talent, research
expertise, and technological capabilities resident in
universities. The committee directs the Chief of Space
Operations to provide a briefing to the House Committee on
Armed Services not later than January 31, 2022, that assess the
effectiveness of the Space Force's higher education strategy in
creating long-term, strategic relationships; in developing
talent; and in providing access to expertise and engineering,
research, and development capability. The briefing should
outline the Space Force's strategy to engage higher education,
to include minority institutions, in foundational research in
disciplines that the Chief determines to be critical to the
mission of the Space Force, and what role the University
Partnership Program plays in that strategy.
University Consortium for Space Technology Development
The Committee recognizes the need to accelerate the
transition of fundamental research and early-stage technology
development into integrated systems capable of aiding the
national security space enterprise. Specifically, the Committee
recognizes and values the critical role universities play in
spurring transformational research and technology development
within the space domain. Given the diverse and highly technical
needs of the Space Force, the Committee supports the
development of a university-led consortium that addresses and
facilitates the advancement of capabilities related to space
domain awareness; position, navigation, and timing; autonomy;
data analytics; communications; space-based power generation;
and space applications for cybersecurity. The Committee directs
the Chief of Space Operations, in coordination with the Chief
Scientist of the Space Force, to establish a university
consortium for space technology development that will support
the Space Force's research, development and demonstration needs
in these areas and others as needed. This university consortium
should also promote the education and training for students in
order to support the nation's future national security space
workforce.
Research, Development, Test, and Evaluation, Defense-Wide
Items of Special Interest
5G Open Radio Access Network
The Committee notes that the Department of Defense and the
military Services manage a number of 5G programs. The Committee
further notes that 5G offers the potential for significant
strategic and tactical improvements and advantages for the
Department of Defense as well as the American people. The
Committee is concerned that to date, the Department of Defense
does not appear to have developed a well-coordinated 5G effort.
The Committee is aware that the Executive Order on
Promoting Competition in the American Economy reads in part
that the Administration supports the ``continued development
and adoption of 5G Open Radio Access Network (O-RAN) protocols
and software, continuing to attend meetings of voluntary and
consensus-based standards development organizations, so as to
promote or encourage a fair and representative standard-setting
process, and undertaking any other measures that might promote
increased openness, innovation, and competition in the markets
for 5G equipment;''
The Committee believes continued support and increased
attention on the development and adoption of O-RAN in 5G could
result in a downstream effect, whereby the United States
becomes less dependent on foreign sourced technology. The
Committee believes O-RAN, if more broadly supported, adopted,
and deployed, will contribute to an environment of increased
competition by new and innovative, competitive suppliers,
leading to a more robust domestic supply chain that is able to
develop more organically.
The Committee supports 5G Open Radio Access Network (O-RAN)
because it promotes competition. To this end, the Committee is
extremely supportive of efforts and collaborations helping
support the development of a healthy, domestic, multivendor
supply base of O-RAN equipment and software providers.
Therefore, the Committee directs the Under Secretary of
Defense for Acquisition and Sustainment, by March 31, 2022, to
provide a briefing to the Senate Committee on Armed Services
and the House Committee on Armed Services on the steps the
Department is taking to support 5G and O-RAN. The report shall
address how the Department is supporting the development of a
domestic industrial base for 5G.
Additionally, the Committee directs the Under Secretary of
Defense for Acquisition and Sustainment, in coordination with
the Senior Official for 5G, to provide a report to the Senate
Committee on Armed Services and the House Committee on Armed
Services by March 31, 2022 regarding the Department of
Defense's ability to carry out 5G research, prototyping and
production projects utilizing existing consortia, as well as
the advisability of creating one or more additional consortia
in order to address the specific needs of the 5G Wireless
Networking Cross Functional Team and others.
Advanced Development of Chemical and Biological Detection Media
The budget request contained $56.4 million in PE 0602144A
for RDT&E, Army, Ground Technology. The committee recognizes
that there are emerging technology opportunities in the field
of bioaerosol and chemical detection, collection, and analysis.
The committee believes the Department of Defense should
sufficiently resource these emerging chemical and biological
threats. Therefore, the committee recommends an increase of
$5.0 million, in PE 0602144A to support development of a small
lightweight wearable sensor for real-time detection of chemical
and biological threat agents.
Advanced electronic warfare capabilities
The committee is aware that the Department of Defense views
advanced electronic warfare techniques, such as adaptive and
cognitive capabilities, as key attributes of future electronic
warfare (EW) systems. Adaptive EW applies artificial
intelligence and machine learning to EW systems to identify
unknown signals and generate a counter response to those
characterized as threats. Cognitive systems aim to condense the
detection-to-response timeline significantly through near-real
time learning and response. A true cognitive EW capability will
be able to identify previously unknown signals and generate
near-real time countermeasures as these new signals are
characterized. It is the committee's understanding that it may
take months to incorporate emerging threat detection capability
into current airborne EW systems.
The Department of the Air Force Electromagnetic Spectrum
Superiority Strategy, released publicly in April 2021, states
that anticipatory cognitive systems and platform-agnostic
applications comprise the core of the service's modernization
plan. While the Navy has yet to update its own electromagnetic
spectrum strategy, the committee is aware of ongoing research
and development of adaptive EW capabilities within the Navy.
The committee is concerned, however, with the pace of
development of true cognitive electronic warfare capabilities.
While the committee understands and supports the effort to
field near-term improved EW systems to Navy and Air Force
airborne fleets, the committee believes greater emphasis should
be placed on cognitive and other advanced techniques.
Therefore, the committee directs the Secretary of the Air
Force, in coordination with the Secretary of the Navy, to
submit a report to the congressional defense committees by
April 1, 2022, on current research, development, and
procurement programs in progress with the goal of fielding
advanced or cognitive EW capabilities to their respective
airborne fleets. The report should include, at a minimum:
descriptions of the cognitive and advanced EW technologies and
techniques in research, development, and acquisition; the
intended or potential application of these technologies and
techniques; the estimated Technology Readiness Level of each
project; costs already invested and the planned budget through
the Future Years Defense Program for each project; and any
identified technology or resource challenges associated with
integration and implementation in the airborne fleet.
Advancing Gaming, Exercising, Modeling, and Simulation capabilities
The committee is aware of the Defense Science Board's final
report on Gaming, Exercising, Modeling, and Simulation (GEMS),
which concluded that the Department of Defense must
significantly advance its capabilities to keep pace with
competitors and effectively counter threats, both today and in
the future. Therefore, the committee directs the Under
Secretary of Defense for Research and Engineering to provide a
briefing to the House Committee on Armed Services by January
15, 2022, on current and contemplated efforts to invest in and
improve Gaming, Exercising, Modeling, and Simulation innovation
across the analytical community within the Department of
Defense. The briefing should include planned or ongoing
efforts, assessments and evaluation, and investments in:
(1) digital engineering to support an enterprise-level GEMS
strategy that would promote effective adoption of improved
tools.
(2) training and experimentation augmented and facilitated
by tools to help inform better implementation of modeling and
simulation to discover new tactics and concepts and improve
warfighter performance and readiness in the face of emerging
threats from peer competitors.
(3) better strategic data collection and use and improved
modeling and simulation to enable the evaluation and testing of
high-level geopolitical strategies with long time horizons.
(4) integrating the use of technology-based enablers such
as game engines and synthetic environments for a wide variety
of Department of Defense missions.
(5) promoting effective GEMS governance to enable the
proper coordination of activities and uses across the
Department and the wider national security enterprise.
Aircraft ejection seat spinal injuries assessment
The committee understands Department of Defense Military
Handbook-516C (MIL-HNBK-516C) defines modern ejection related
injury criteria and that change-notice five to that
publication, issued in 2016, established abbreviated index
scale (AIS) level-two as the standard which provides aircrew
the ability to successfully escape and evade post-ejection.
Injuries which preclude post-ejection aircrew the ability to
escape and evade are classified as AIS level-three.
The committee notes that spinal injuries sustained during
the ejection and escape sequence and subsequent landing can
result in hospitalization, chronic pain and mobility
limitations, and permanent disability that adversely affects
long-term quality of life. In combat scenarios, certain types
of ejection related spinal injuries could pose a serious
challenge for aircrew trying to escape and evade enemy capture.
The committee expects that any ejection system technology in
development or production should strive to eliminate lower-back
spinal fractures and lumbar compression injuries to escaping
aircrews. However, the committee notes that fulsome ejection-
related injury data is difficult to ascertain by ejection seat
manufacturers because of data-sharing policy differences and
mechanisms in place by each military service and how the
services categorize and assess ejection seat injuries, thereby
complicating a comprehensive evaluation of ejection system
performance across the Department.
Therefore, the committee directs the Secretary of Defense,
in coordination with the Secretary of the Air Force and
Secretary of the Navy, to submit a report to the congressional
defense committees not later than March 1, 2022, that analyzes
and summarizes spinal-fracture and lumbar compression injuries
that have occurred during ejections from Department of Defense
aircraft between 1985 and present day. The report should also
contain a comparison of performance between different ejection
and escape systems, including an analysis of AIS level-2 and
level-3 injuries, and information regarding future acquisition
and ejection seat upgrades for ejection and escape systems that
will minimize injury and increase survivability. The committee
also expects the Department to implement standardized policies
that facilitate inter-service exchange of ejection event safety
and injury-related data and information.
Artificial intelligence for Small Unit Maneuver
The budget request contained $145.8 million in PE 1160408BB
for Operational Enhancements.
The committee recognizes the need to increase investments
in artificial intelligence/machine learning (AI/ML) enabled
autonomous systems. The committee supports the shift from
inadequate legacy platforms and weapons systems to increased
investment in cutting-edge technologies and capabilities needed
to support strategic competition with near-peer adversaries.
The committee supports the efforts of U.S. Special
Operations Command (USSOCOM) to accelerate the development and
employment of AI/ML applications and AISUM, which can augment
the warfighter by enhancing operational maneuver and lethality.
Therefore, the committee recommends $195.8 million, an
increase of $50.0 million, in PE 1160408BB for AISUM.
Further, the committee directs the Commander, USSOCOM to
provide a briefing to the House Committee on Armed Services by
December 31, 2021, on the planned resourcing, development, and
transition roadmap for AISUM. The briefing shall include
anticipated operational applications of enhanced development of
AISUM technologies, and an assessment of these technologies and
their application to support the Joint Force in near-peer
competition, GPS-denied, and anti-access/area denial (A2/AD)
environments.
Comptroller General Report on STEM and AI Workforce Development
The National Security Commission on Artificial
Intelligence's (AI) final report highlighted that the
Department of Defense and the Intelligence Community both face
an alarming talent deficit in their digital and AI workforce
and that America is not prepared to defend or compete in the AI
era--a reality that demands comprehensive, whole-of-nation
action. China's ambition to surpass the United States as the
world's AI leader within a decade should be taken seriously. To
address this daunting challenge, the Commission emphasized that
the government must expand science, technology, engineering,
and mathematics (STEM), to include AI, talent pipelines from
universities to government service, to include streamlining the
hiring process and building new training infrastructure such as
a digital service academy. In 2018 the Comptroller General
evaluated federal investment in STEM education fields and found
that government efforts to assess the performance of STEM
programs are limited and hinder efforts to identify effective
programs. The United States government, and particularly the
Department, cannot afford to fall behind in the development of
a robust STEM workforce when AI and other emerging technology
tools will be vital in future conflicts.
Therefore, the committee directs the Comptroller General to
provide a briefing to the House Committee on Armed Services not
later than March 31, 2022, with a report to follow on the
Department's--including the defense intelligence components'--
progress in developing a robust STEM, to include AI, workforce.
The review shall assess the Department's:
(1) current organization and workforce planning process for
their STEM, to include AI, workforce needs, including the
identification of STEM skills and the resources currently
dedicated to the hiring, training, and retention of their STEM
workforces;
(2) plans and efforts to expand hiring in their STEM
workforce, including collaboration with industry and academia,
the broadening of recruiting pipelines, and mechanisms to
attract the best AI talent;
(3) efforts to grow the training infrastructure for their
STEM workforce, such as special schools or online training
programs, and continuing professional education; and
(4) efforts to improve the retention and visibility of
their STEM workforce, including the availability of non-
financial benefits, the implementation of flexible career
paths, and the development of management structures to enhance
the workforce.
Counter Unmanned Aerial Systems (C-UAS) Development, Testing and
Fielding
The committee supports the Department of Defense (DOD) and
Joint Counter Unmanned Aerial Systems (C-UAS) Office (JCO)
efforts to identify gaps and prioritize CUAS solutions.
However, the committee is concerned that the rapidly evolving
threat of advanced autonomous aerial systems could, at its
current rate, continue to outpace DOD capabilities. Therefore,
the committee directs the Secretary of Defense, not later than
March 1, 2022, provide the House Armed Services Committee a
briefing on its plan to rapidly develop, test, and field C-UAS
systems. The briefing shall include a DOD UAS global threat
assessment, a summary of DOD C-UAS capability requirements; and
an identification and assessment of:
(1) C-UAS systems under development by both DOD and the
private sector, if any, including schedules for their current
and planned testing;
(2) existing and developmental systems' capability to
counter advanced threat UAS including their ability to
integrate with existing DOD air defense networks;
(3) existing and developmental C-UAS systems ability to
detect, track and kill individual drones or swarms;
(4) their ability to protect rapidly deploying and mobile
forces and operator safety;
(5) potential policies impacting C-UAS fielding; and
(6) an overall assessment of funding to include projected
shortfalls and alternative near-term funding opportunities in
order to rapidly develop, test and field C-UAS capabilities
from now and over the next five years.
Critical Shortage of STEM Professionals
The committee remains concerned that the Department of
Defense continues to face a critical shortage of science,
technology, engineering, and mathematics (STEM) professionals,
both among the uniformed military and the Department civilian
workforce. As the Department continues its modernization
efforts, these shortages will only increase in severity. High
demand among private technology companies has dramatically
increased the average salaries for STEM professionals, making
recruiting and retention for the government even more
challenging.
The committee notes that, until now, the Department has
compensated for many of these critical shortages by relying on
contractors to provide needed support in critical STEM fields.
However, contractors are now having difficulty attracting and
retaining STEM talent because statutory caps on allowable
contractor compensation have not kept pace with salary
inflation in certain in demand STEM fields. Congress
contemplated this problem might occur when establishing the
caps, and therefore included section 2324(e)(1)(P) of Title 10,
United States Code, which enables the Secretary of Defense to
establish an exception to the compensation limit for
``positions in the science, technology, engineering,
mathematics, medical, and cybersecurity fields and other fields
requiring unique areas of expertise upon a determination that
such exceptions are needed to ensure that the Department of
Defense has continued access to needed skills and
capabilities.'' Yet the committee is unclear as to whether this
exception has been effectively used.
Section 245 of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) directed the Department
to develop programs and incentives to ensure the Department's
contractors are engaging with schools and universities to
encourage students to pursue STEM education. However, once
students are educated in STEM fields, they tend to gravitate
toward jobs at private technology firms that do not have
restrictions on how much they can be paid. Therefore, the
committee directs the Secretary of Defense to provide a report
to the Committee on Armed Services of the House of
Representatives by March 1, 2022, on the following matters:
(1) For Calendar Years 2019 and 2020, the number of times
the exception under section 2324(e)(1)(P) of title 10, United
States Code, has been used by an executive agency and the
specific circumstances under which it was used.
(2) How the Federal Acquisition Regulation, which requires
an agency head using the exception to analyze each individual
contractor employee to determine whether that individual's
position should be exempted, rather than allowing the general
exemption of certain types or classes of positions, affects the
Department's use of this exception.
(3) How is the Department engaging with contractors to
address rapidly rising wages in the competitive STEM labor
market?
(4) Any other matters the Secretary determines relevant to
the issue of compensation for STEM professionals.
Data storage capabilities for special operations forces
The budget request included $93.4 million in PE 1160402BB
for special operations forces advanced technology development.
The committee is encouraged by U.S. Special Operations
Command's efforts to develop scalable, platform-agnostic data
storage system solutions and the use of the Small Business
Innovation Research program to identify relevant and
commercially viable small business-developed technologies. The
committee recognizes the long-term value in maximizing the
utility of existing and future data streams with machine-to-
machine communications in a platform agnostic tool environment.
Furthermore, the committee notes that advances in common data
standards can rapidly identify and extract information of value
across available data sources while leveraging advances in
artificial intelligence, machine learning, and computer vision.
Finally, the committee recognizes the strategic value across a
broad range of military applications where special operations
forces require access to large scale common data standards and
must avoid the risks associated with vendor lock.
Therefore, the committee recommends $98.4, an increase of
$5.0 million, in PE 1160402BB, for the further development and
fielding of a platform-agnostic data storage system.
Defense Innovation Unit assessment
The committee is concerned that the Defense Innovation Unit
(DIU) does not have an adequate size and composition of
personnel to accomplish its mission. Therefore, the committee
directs the Under Secretary of Defense for Research and
Engineering to submit a report to the congressional defense
committees not later than March 31, 2022, on the DIU that
includes:
(1) a determination of the appropriate size and composition
of personnel to accomplish the organization's mission;
(2) an assessment of whether existing structures, offices,
and personnel are appropriately resourced to accomplish the
organization's mission;
(3) an assessment of any additional authorities that would
assist the organization and its affiliated entities in better
accomplishing its mission; and
(4) an assessment of the structure, personnel, resources,
and field offices that would be sufficient in fulfilling the
organization's responsibilities and requirements.
The report shall be submitted in unclassified form that can
be made available to the public.
Development of High Mach and Hypersonic Aircraft
The committee is encouraged by recent efforts to mature
technologies necessary to develop reusable high-mach and
hypersonic aircraft. The reports required by the Fiscal Year
2021 National Defense Authorization Act and Intelligence
Authorization Act mandated hypersonic flight roadmaps, which
demonstrates that these reusable aircraft have the potential to
expand operational capability in intelligence, surveillance,
and reconnaissance and low-cost responsive space access,
mitigating the threat posed by traditional anti-access/area-
denial systems and providing critical intelligence collection
resiliency. The committee supports ongoing investments by the
Department of Defense to deliver reusable high-mach flight
capability in 2030, including near-term development and testing
of high-mach propulsion, high-temperature materials, and
hypersonic test facilities. The committee further believes that
effective development of reusable high-mach flight capabilities
will likely comprise integration of unique intelligence related
mission requirements early in the development cycle.
Therefore, the committee directs the Under Secretary of
Defense for Acquisition and Sustainment, in coordination with
the Under Secretary of Defense for Intelligence and Security,
to provide a report no later than April 15, 2022, to the
congressional defense committees on the Department's ability to
meet intelligence capability requirements as described in the
Department's hypersonic flight roadmap, as well as explain any
significant divergence in strategy or schedule. The report
should also describe consultation and joint development
activities with the intelligence community on research,
development, test, and evaluation of reusable hypersonic flight
platforms.
Digital Engineering Infrastructure and Workforce Development
The Committee is concerned about the pace of weapon systems
development at the Department of Defense and the ability of the
Department's acquisition system to overcome the increasing
threats posed by our adversaries. Current model-based system
engineering, as a part of digital engineering practices, offers
the Department transparency, flexibility, rigor in
communication, analysis, quality control, and an increase in
the efficiency in engineering and acquisition practices.
The committee urges Department components to embrace and
resource their digital engineering infrastructure and workforce
skill development needed to practically implement digital
practices using state-of-the-practice methods and techniques.
The Committee encourages the services to consider establishing
partnerships with academic institutions to create consortia
which can act as centers of excellence and promulgate best
practices across the Department's research and development
programs.
Therefore, the Committee directs the Under Secretary of
Defense for Research and Engineering to provide a briefing to
the House Committee on Armed Services by March 1, 2022, on the
status of the Department's adoption and implementation of
digital engineering, including, but not limited to:
(1) The workforce skill development required;
(2) Implementation best practices from across the
Department's research and development ecosystem, grouped by
domain, enterprise, or functional area;
(3) Efforts to increase adoption and improve the use of
digital engineering across the Department and the defense
industrial base; and
(4) The amount of funding provided across the Department
for this effort.
Digital twin assessment and agile verification processes
Implementation of the Software Acquisition Pathway directed
in section 800 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) and the digital
engineering capability to automate testing and evaluation
effort directed in section 231 of Public Law 116-92 have made
it clear that digital twins are a critical enabler to extending
the efficacy and efficiency of continuous integration/
continuous delivery (CI/CD) approaches beyond simple
information technology systems. This extension includes systems
that have joint and systems-of-systems warfighting
requirements, as well as those in which battlefield
complexities become a more prominent factor in survivability
and effectiveness. The committee is concerned that many
acquisition programs do not develop digital twins at all, or
they develop twins that are not adequate for test and
evaluation purposes.
The determination of a digital twin's adequacy is a lengthy
process often appended to the development of a model later, and
at a time when most resources have already been exhausted. When
the digital twin evolves from an engineering baseline as the
program develops, the adequacy of that twin can evolve in a
more iterative and incremental way that builds a body of
evidence over time.
The committee believes the use of digital twins must be a
more prevalent practice in the Department of Defense. To that
end, the committee directs the Secretary of Defense, in
consultation with the Under Secretary of Defense for Research
and Engineering and Director of Operational Test and Evaluation
(DOT&E), to submit a report to the congressional defense
committees not later than March 1, 2022, that assesses:
(1) the state of digital twin practices in the Department.
This assessment should include how many programs on the
Software Acquisition Pathway or under DOT&E oversight are
applying CI/CD methodologies and have built or are planning to
build digital twins. It should also include information on the
extent to which these twins are adequate to support test and
evaluation as part of a CI/CD process, and where gaps continue
to exist.
(2) the existing verification, validation, and
accreditation body of work, and provide recommendations on how
adequacy can be developed and determined in a more agile
process as the digital twin evolves, instead of through a
waterfall process enacted at the end of the digital twin
development.
Emerging Tech Adoption Training
The committee notes the importance of Department of Defense
efforts to train its active duty and civilian workforce on
innovation and technology adoption. The committee recognizes
that the Department is offering training programs on these
topics through both program offices and private sector
organizations. As emerging technologies hold the ability to
have a disruptive impact on U.S. national security, the
committee understands the importance of ensuring the DoD is
trained and prepared to identify, acquire, and integrate
innovative technologies. The committee directs the Under
Secretary of Defense for Acquisition and Sustainment, in
coordination with the Under Secretary of Defense for Research
and Engineering, to submit a report to the House Armed Services
Committee by March 31, 2022 on the current status of the
Department's emerging technology adoption training programs.
The report shall include:
(1) a detailed description of the types of training
programs already underway on these subjects and the
professional series of the participants;
(2) the metrics collected on workforce performance
following each program (to include the rate of adoption of
emerging technologies and innovative contracting methods);
(3) a list of the Department and private sector
organizations providing the training programs;
(4) a description of any plans to expand the training
programs; and
(5) a discussion of any authorities or funding needed to
support expanded trainings.
Establishing a National Network for Microelectronics Research and
Development
The committee recognizes that semiconductors are essential
components in the electronic devices that Americans use every
day. The committee also recognizes that the COVID-19 pandemic
has highlighted weaknesses in our nation's reliance on supply
chains abroad, particularly with regard to semiconductor
manufacturing. The Committee believes that the United States
must commit to translating innovations that occur inside the
laboratory to the marketplace--commonly referred to as ``lab to
fab'' capability--to support American manufacturing jobs and
prevent the United States from falling further behind other
countries in semiconductor manufacturing. Specifically, the
committee believes it is important to establish a national
network for microelectronics research and development, composed
of United States research universities, to increase American
``lab to fab'' capability; conduct microelectronics research
and development; aid in workforce development; and increase
supply chain resiliency for United States semiconductor
production.
Therefore, the committee directs the Secretary of Defense
to provide a report to the House Committee on Armed Services by
March 31, 2022, on efforts to establish a national network for
microelectronics research and development composed of United
States research universities. The report shall include:
(1) opportunities to explore new cost-effective materials,
devices, and architectures, and prototyping in facilities at
United States research universities to safeguard domestic
intellectual property;
(2) opportunities to accelerate the transition of new
technologies to domestic microelectronics manufacturers;
(3) an assessment of United States research universities
that can join the network through a competitive process; and
(4) how the Department can ensure that research and
development participants in the network represent the
geographic diversity of the United States.
F-35 breathing system disruptions
The committee is aware that U.S. F-35 pilots interviewed by
the National Aeronautics and Space Administration Engineering
and Safety Center, during the recent study that assessed the F-
35 pilot breathing system, stated that perturbations in F-35
breathing systems present a hazard to operations. The committee
notes that the study found that pilots who have suffered
physiological episodes in the F-35 fault the breathing system
for acute and chronic health conditions that have caused
impairment for days, weeks, months, or longer. Pilots reported
that interactions with the F-35 breathing system have resulted
in symptoms ranging from confusion, distraction, extreme
discomfort and persistent fatigue, as well as lung inflammation
resulting in permanent dysfunction. The committee also notes
that F-35 pilots have regularly labeled certain F-35 aircraft
as having consistently more difficult breathing systems than
other aircraft. The study also noted significant differences
between the two F-35 aircraft that were assessed in the study,
as well as, between both F-35 aircraft and prior generation
aircraft breathing systems in terms of breathing dynamics and
functionality. Furthermore, the study noted that F-35 pilot and
F-35 jet disharmony could create stress on the pilot and result
in discomfort, fatigue, and may ultimately lead to short-term
or long-term physiological damage to the pilot.
Therefore, the committee includes a provision elsewhere in
this title that would require the Secretary of Defense, in
consultation with the Administrator of the National Aeronautics
and Space Administration, to design and conduct thorough
testing of the F-35 pilot breathing system and then implement
immediate actions to resolve deficiencies that may be
discovered. Lastly, the committee finds it unacceptable and
disappointing that the Department of Defense must be
continually prodded by Congress to conduct testing,
assessments, and resolution of physiological episodes and poor
performing pilot breathing systems in military aircraft,
similar to what was required in recent years to address
significant issues with pilot breathing systems in the F-22, T-
6, T-45, and F/A-18 aircraft.
Fielding of Counter-Small Unmanned Aircraft Systems Across the Joint
Force
The committee understands that the Under Secretary of
Defense for Acquisition and Sustainment designated an Executive
Agent for Counter-Small Unmanned Aircraft Systems (C-sUAS). The
committee included language in the fiscal year 2021 NDAA
Conference Report requiring the Executive Agent to ``prioritize
the objective of developing and executing a plan to develop,
test, and begin production of a counter unmanned aircraft
system that can be fielded as early as fiscal year 2021 to meet
immediate operational needs in countering Group 1, 2, and 3
unmanned aircraft systems and, to the extent practical, has the
potential to counter other, larger unmanned aircraft systems.''
The committee is concerned about the increasing threats to US
forces by UAS, including swarms, and believes certain
commercial solutions, if tested and proven suitable and
effective, can be acquired, tested, and fielded at a faster
rate than what is occurring today. The committee also believes
that dynamic live-fire testing, demonstrations, and competitive
shoot-offs can be effective ways to comparatively evaluate
systems and accelerate their acquisition. Therefore the
committee directs the Executive Agent for C-sUAS, not later
than March 1, 2022, to brief the House Armed Services Committee
on plans, if any, to expedite the identification, live-fire
testing, acquisition, and fielding of commercial C-sUAS
solutions suitable and effective for use at forward deployed
locations.
High Energy Laser System Power and Thermal Management
The Committee notes with concern the recent decision by a
major defense contractor to exit the Directed Energy Mobile
Short-Range Air Defense program following repeated failure of
its power and thermal management system. The Committee
recognizes the need for expanded investment in power and
thermal management systems as the Office of the Secretary of
Defense (OSD) and the military services seek to increase the
power of high energy laser systems. The Committee supports OSD
and service efforts to increase high energy laser power levels,
but remains concerned about the strength and breadth of the
industrial base in key enabling technology areas, including
power and thermal management.
Therefore, the Committee directs the Secretary of Defense
to brief the House Armed Services Committee not later than June
1, 2022 on plans to budget for and invest in the development of
power and thermal management subsystems, as well as the
integration of those subsystems with OSD and service-led high
energy laser activities in the timeframes described in the
Directed Energy Roadmap.
Mobile Compact High Energy Laser
The budget request contained $145.8 million in PE 1160408BB
for Operational Enhancements.
The committee recognizes the value in ruggedized, mobile,
compact high energy laser technologies that can be moved,
assembled, and operated by special operations forces in austere
environments. These technologies are ideal for clandestine
engagement from safe distances, without detectable signatures,
to disable or destroy enemy critical equipment and
infrastructure. The committee recognizes that recent advances
in relevant technologies are rapidly maturing laser systems
that can be adapted to a variety of tactical configurations to
support multiple mission areas.
Therefore, the committee recommends $163.8 million, an
increase of $18.0 million, in PE 1160408BB for mobile high-
energy laser technologies.
Naval aviation dedicated operational test capacity reductions
The committee understands that the Secretary of the Navy
plans to significantly reduce, by nearly half, the dedicated
capacity and aviation force structure during fiscal year 2022
that supports critical testing and evaluation activities for
various Department of the Navy acquisition programs and
modernization projects. Additionally, the committee understands
that the Secretary of the Navy plans to mitigate planned
testing capacity reductions by randomly tasking non-testing
certified naval fleet operational aviation units and non-
testing qualified operational unit personnel with resourcing,
planning, and executing complex and rigorous testing activities
that would normally be conducted by highly trained and
qualified Navy operational testing personnel with specialized
aircraft and instrumentation to collect and subsequently
analyze critical data gained during testing events. The
committee believes that a reduction of this magnitude without
sufficiently analyzing risk to programs could adversely affect
the quality of testing and evaluation for weapons systems and
mission systems before being declared operationally suitable
and effective prior to being operationally fielded to Sailors
and Marines.
Therefore, the committee includes a provision elsewhere in
this title that would prohibit the Secretary of the Navy from
reducing any dedicated aviation operational testing capacity or
aircraft force structure during fiscal year 2022. Additionally,
the provision would require the Director of Operational Test
and Evaluation to submit a report to the congressional defense
committees that assesses the risk associated with such a
significant reduction in dedicated naval aviation operational
testing capacity.
Prioritizing retrofit of the C-130 with autonomous flight capabilities
The committee notes the utility of the C-130 aircraft as a
critical multi-mission capability for the Department of
Defense. As suggested by the House Committee on Armed Services
Future of Defense Task Force, the Department should consider
ways in which artificial intelligence/machine learning (AI/ML)
and autonomous capabilities can be integrated into existing
platforms.
The committee is aware of U.S. Special Operations Command's
use of AI/ML for predictive maintenance on special operations
forces (SOF)-peculiar air platforms, and appreciates the impact
such capability can have on the avionics of Air Force Special
Operations Command (AFSOC) capabilities to provide autonomous
flight in existing capabilities. Integrating AI/ML-enabled
autonomous technology into SOF-peculiar platforms, such as the
C-130, could greatly enhance operational service time and
enable the Department to more effectively utilize current
platforms and resources instead of pursuing acquisition of new
capabilities. Further, the committee encourages the Department
to consider commercially available AI/ML-enabled autonomous
technologies, such as those being tested by AFSOC, to lower
cost and risk across the Joint Force. The committee also
recommends other military services consider how emergent
commercial technologies, such as automation, can be included in
fixed-wing fleet modernization efforts.
Therefore, the committee directs the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict to
provide a briefing to the House Committee on Armed Services not
later than December 31, 2021, on the efforts underway by AFSOC
to incorporate autonomous capabilities into the SOF-peculiar C-
130 platform. The briefing shall include a timeline,
milestones, expected final operating capability for development
and operational deployment of these capabilities, and whether
there are any challenges to integrating commercially available
technologies into this platform.
Report on flexible funding for transitioning science and technology
The committee is concerned that the Department of Defense
struggles to transition and scale critical innovative
technologies from development projects to acquisition programs
in a time period that meets the needs of the warfighter and
ensures technology providers are able to survive. Despite
Congress providing significant new acquisition authorities and
flexibilities, too often successful prototypes and pilot
efforts are unable to transition to successful programs due to
a lack of agile funding. Therefore, the committee directs the
Deputy Secretary of Defense to submit a report to the
congressional defense committees by July 1, 2022, with an
evaluation of the barriers preventing the Department from
quickly and successfully scaling innovative technologies to
support the warfighter and the Department's critical
operational needs. This report shall include:
(1) a description of the systemic challenges associated
with scaling innovation, including requirements, acquisition,
programming, and culture; and
(2) a discussion of whether flexible funding could help
bridge critical innovative technologies into programs of
record.
The committee further directs the Deputy Secretary of
Defense to include a framework for how the Department would
execute any flexible funding for transitioning science and
technology, including:
(1) a list of critical operational needs to be addressed;
(2) a recommendation of the level of funding required and
appropriate award size;
(3) the government entity best suited to execute and
oversee the funding until the program is included in the Fiscal
Year Defense Plan (FYDP);
(4) the metrics by which a project will be selected for
funding and the success or failure of the transition assessed;
(5) how to prioritize innovative performers with clearly
demonstrated and successful past performance;
(6) a plan of action and milestones for selected projects
from time of identification to time of funding;
(7) how to ensure such projects are successfully integrated
into the FYDP and transitioned to service program executive
offices; and
(8) the frequency and substance of congressional reporting
recommended to ensure transparency throughout the selection and
transition process.
The Deputy Secretary may consider in this report any
additional recommendations that would support successful
transition of technology pilot and prototype programs to scale
to address defined mission requirements, critical operational
needs, or emerging threats.
Solid rocket motors
The committee notes the diminishing domestic supplier base
for solid rocket motors, and that the two existing U.S.
providers both rely on manufacturing technology that was
developed in the 1950s. Meanwhile, U.S. near-peer competitors
are rapidly developing small, low-cost, mobile, highly
responsive space launch systems that are based on storable,
responsive solid rocket motors. In late 2019, one near-peer
competitor conducted simultaneous launches of small satellites
from two mobile, ground-based solid-rocket-motor-based launch
systems within 6 hours of one another.
The committee is aware of advanced additive manufacturing
technologies that could be applied to rapidly manufacture solid
propellant-based rocket motors addressing a critical need for
the Department of Defense to enable a new class of highly
mobile, responsive, low-cost solid rocket motors that would
incentivize competition and benefit programs across the
military services. Therefore, the committee directs the Under
Secretary of Defense for Research and Engineering, in
coordination with the directors of the Service Research Labs
and Space Rapid Capabilities Office, to provide a briefing to
the House Committee on Armed Services not later than January
31, 2022, on how the Department of Defense could leverage
investment in additive manufacturing technology to improve the
domestic solid rocket motor industrial base with the intent of
incentivizing competition, and delivering more responsive
capabilities to the Warfighter. The committee further
encourages the Department to invest in technologies with small
businesses and non-traditional suppliers to increase the solid
rocket motor industrial base.
Strengthening the Diversity of the Science, Technology, Research, and
Engineering Workforce
The committee notes that diversity remains an issue within
the Department of Defense, particularly in the Department's
science, technology, research, and engineering workforce.
Increasing diversity brings new ideas and perspectives into the
innovation and technology development processes. Section 229 of
House Report 116-333 for the National Defense Authorization Act
of Fiscal Year 2020 required the Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering and in consultation with the Under Secretary for
Personnel and Readiness, to conduct an assessment of critical
skill sets required across, and the diversity of, the research
and engineering workforce of the Department, including the
science and technology reinvention laboratories, to support
emerging and future warfighter technologies.
Based on this assessment, the Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering and in consultation with the Under Secretary for
Personnel and Readiness, was tasked with developing and
implementing a plan to diversify and strengthen the science,
technology, research, and engineering workforce of the
Department of Defense. To that end, the committee has been
pleased to see the release of the Department of Defense's STEM
Strategic Plan for Fiscal Year 2021 through Fiscal Year 2025.
The committee now directs the Secretary of Defense to
submit a briefing to the congressional defense committees no
later than September 1, 2022, regarding the progress the
Secretary has made towards implementing the Department's plan
to strengthen the diversity of the science, technology,
research, and engineering workforce. In this briefing, the
Secretary should highlight all recruitment efforts carried out
in cooperation with minority-serving institutions of higher
education to create talent pipelines and all retention efforts
to ensure that underrepresented communities are fully supported
within the Department.
Support for Department of Defense-wide SBIR and STTR Transition
Education Program
The budget request contained $3.6 million in PE 0605790D8Z
for the administration of the Department of Defense Small
Business Innovation Research (SBIR) program and the Small
Business Technology Transfer (STTR) program.
The committee is encouraged by the Department of Defense's
innovative execution of the SBIR/STTR 3 percent administrative
fund, as authorized by section 638(mm) of title 15, United
States Code, and the Department of the Navy's efforts to reach
out to non-traditional performers. The committee encourages the
Secretary of Defense to seek additional opportunities to
support participation of non-traditional performers from
Defense Established Program to Stimulate Competitive Research
(DEPSCoR) states and other underserved communities, and
encourages the Secretary to leverage the Navy's SBIR/STTR
Transition Program (STP) as a way of achieving efficient and
effective support to those non-traditional performers.
The Navy has demonstrated success in mentoring Phase II
companies for increased transition of SBIR and STTR
technologies by focusing administrative funding toward
education within the STP. Recently, the STP has leveraged
online resources and virtual platforms for successful delivery
of this mentorship and education. By modeling the Navy's STP
delivery methodology success, the Department of Defense can
achieve a broadly accessible and cost-effective virtual program
aimed at increasing participation within DEPSCoR states and
underserved communities.
Therefore, the committee recommends $8.6 million, an
increase of $5.0 million, in PE 0605790D8Z to enable the
Secretary of Defense to expand the Navy's SBIR/STTR transition
program across the Department to better educate small
businesses, researchers, and universities in DEPSCoR states and
underserved communities on how to participate in the
Department's SBIR and STTR programs.
The committee directs the Secretary of Defense to submit a
report to the congressional defense committees not later than
June 30, 2022, on the Secretary's progress in expanding the
Navy's SBIR/STTR transition program in support of small
businesses, researchers, and universities in DEPSCoR states and
underserved communities.
Sustained human performance and resilience
The budget request for fiscal year 2022 contained $44.8
million in PE 1160401BB for special operations forces
technology development.
The committee recognizes that U.S. Special Operations
Forces (SOF) have endured disproportionate impacts following
two decades of continuous combat operations. The compounding
effects of high operational tempo deployments, corresponding
training, and increasing operational load requirements coupled
with the lasting psychological and physical trauma of these
cycles continues to impact the readiness of SOF. The committee
recognizes that such trauma is not specific to operators, but
can and does affect support and enabling personnel as well. The
committee is concerned about the consequences of undiagnosed,
untreated traumatic brain injury (TBI) and post-traumatic
stress syndrome (often referred to as ``operator syndrome'')
across the SOF formation, which has resulted in alcoholism,
drug use, suicide, and other violent behavior both in active
and veteran SOF personnel, as well as those augmenting SOF from
the Reserve and Guard Components.
The committee believes that the recording and monitoring of
blast exposures and head strikes should occur throughout the
SOF training and operational cycle. Recent studies highlight
that consistent monitoring of SOF personnel can inform on brain
health trends and individual blast or impact exposure with the
goal of diagnosing and reducing the incidence of TBI within the
force. Such monitoring could also increase health risk
surveillance, identifying high risk behaviors and tracking
emerging signs and symptoms of acute or chronic blast exposure.
The committee recognizes the imperative to identify,
rehabilitate, and assist in the recovery of those SOF members
who are suffering psychological or physical trauma resulting
from such operational demands and understands that several
efforts are underway at U.S. Special Operations Command
(USSOCOM) to develop and align the appropriate care and
technologies to those SOF members in need. The committee
expects USSOCOM to prioritize rehabilitative care of cognitive,
psychological, emotional trauma, and physical performance of
SOF members within its human performance efforts, to thus
reestablish resilience and readiness of the formation.
Therefore, the committee recommends $49.8 million, an
increase of $5.0 million, in PE 1160401BB for sustained human
performance and resilience.
LEGISLATIVE PROVISIONS
Subtitle A--Authorization of Appropriations
Section 201--Authorization of Appropriations
This section would authorize appropriations for research,
development, test, and evaluation at the levels identified in
section 4201 of division D of this Act.
Subtitle B--Program Requirements, Restrictions, and Limitations
Section 211--Duties and Regional Activities of the Defense Innovation
Unit
This section would modify section 2358b(c)(2)(B) of title
10, United States Code, to update the Department of Defense's
technology strategy documents for which the Joint Reserve
Detachment of the Defense Innovation Unit (DIU) is responsible
for increasing awareness. Additionally, subject to the
availability of appropriations, this section would also
authorize the Secretary of Defense to, as appropriate, 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 that do not otherwise have
a DIU presence, including in economically disadvantaged
communities.
Section 212--Modification of Mechanisms for Expedited Access to
Technical Talent and Expertise at Academic Institutions to Support
Department of Defense Missions
This section would modify section 217 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91) on mechanisms for expedited access to technical talent and
expertise at academic institutions to encourage the sharing of
information on research and consulting in Department-wide
shared information systems, and would add additional mission
areas of nuclear science, security, and non-proliferation and
chemical, biological, radiological, and nuclear defense. This
section would also extend the authority through September 30,
2028.
Section 213--Modification of Mechanisms for Expedited Access to
Technical Talent and Expertise at Academic Institutions
This section would modify section 2358 of title 10, United
States Code, on mechanisms for expedited access to technical
talent and expertise at academic institutions and would add a
33rd mission area called ``spectrum activities.''
Section 214--Minority Institute for Defense Research
This section would require the Secretary of Defense to
submit a plan to the congressional defense committees not later
than 1 year after the date of the enactment of this Act for the
establishment of a Minority Institute for Defense Research and
authorize the Secretary to establish a program to award grants,
on a competitive basis, to minority institutions. This section
would also amend section 2304 of title 10, United States Code,
to direct the head of an agency to require that a contract
awarded to a Department of Defense Federally Funded Research
and Development Center or University Affiliated Research Center
includes a requirement to establish a partnership to develop
the capacity of minority institutions to address the research
and development needs of the Department through a subcontract
with one or more minority institutions for at least 5 percent
of the contract award.
Section 215--Test Program for Engineering Plant of DDG(X) Destroyer
Vessels
This section would require the Navy to initiate a land-
based test site prior to the start of construction of the
DDG(X) destroyer program.
Section 216--Consortium to Study Irregular Warfare
This section would direct the Under Secretary of Defense
for Research and Engineering to establish an academic research
consortium to study irregular warfare and responses to
irregular threats.
Section 217--Development and Implementation of Digital Technologies for
Survivability and Lethality Testing
This section would direct the Secretary of Defense to
expand survivability testing of covered systems to include
testing against non-kinetic threats, and to develop digital
technologies to test those systems against threats throughout
the system's lifecycle. This section would also direct the
Secretary to carry out activities to demonstrate digital
technologies for live fire testing, and would require the
Director of Operational Test and Evaluation to submit a report
to the congressional defense committees not later than March
15, 2023, with an assessment of the Secretary's progress on
expanding survivability testing, supporting development of
digital technologies for live fire testing, and the
demonstration activities.
The committee notes that digital technologies and non-
kinetic threats have advanced beyond the efficacy of the
language in section 2366 of title 10, United States Code, Major
systems and munitions programs: survivability testing and
lethality testing required before full-scale production, and
modernization is necessary. Survivability and lethality are no
longer constrained by simple ballistics and are instead today
susceptible to contemporary non-kinetic threats including
cyber; electromagnetic spectrum operations; chemical,
biological, radiological, nuclear, high yield explosives; and
directed energy weapons. These threats can interact in
inventive ways to degrade, disable, deceive, and destroy a
force or mission, and they can evolve continually. It is
imperative that the Secretary of Defense take a whole of
systems and whole of lifecycle approach in the identification
of these threats and their effects to assess the full spectrum
of survivability and lethality of any system.
Digital technologies, including digital twins and modeling
and simulation, have advanced and enable the Department to
build high-fidelity models of systems to test and evaluate this
full spectrum of threats, perform many more digital tests, and
perform continuous vulnerability discovery and mitigation of
the most prominent threats throughout the system's lifecycle.
Data from physical and digital testing must be collected and
fed back into the models to improve their fidelity and value
over the system's lifecycle. Additionally, the Department has a
legacy fleet with non-kinetic vulnerabilities and should
consider model creation when appropriate and necessary. The
committee believes the Department will benefit from broadening
its view of survivability and lethality testing and evaluation
to include non-kinetic threats. The Department should also
broaden its view of live fire testing to include digital-live
fires through models and simulations, which may augment, or in
some cases replace, live-testing, and allow for continuous
survivability assessments over time. Taken together, these two
modernization improvements should provide the foundation for a
full spectrum survivability assessment approach throughout the
system's lifecycle.
Section 218--Pilot Program on the Use of Intermediaries to Connect the
Department of Defense with Technology Producers
This section would direct the Secretary of Defense to carry
out a 5-year pilot program to help foster transition of the
Department of Defense's science and technology programs,
projects, and activities into full scale implementation. This
section would direct the Secretary to seek to enter into
agreements with qualified intermediaries to provide technical
assistance to technology producers to better participate in the
procurement programs and acquisition processes of the
Department. This section would require a briefing to the House
Committee on Armed Services not later than December 31, 2022,
on the Secretary's progress in implementing the program and any
related policy issues. This section would also direct the
Comptroller General of the United States to submit a report to
the Committees on Armed Services of the Senate and the House of
Representatives not later than 5 years after the date of the
enactment of this Act on the pilot program's effectiveness.
The committee is aware that there are a growing number of
access points for innovative technology companies to engage
with the Department of Defense, but there is no support team
connecting those businesses between each of the innovation
entities and to the appropriate customers in the Department,
including program executive offices, program management
offices, and science and technology reinvention laboratories.
The pilot program would provide support to those technology
producers looking to do business with the Department, and
guidance on how to navigate unfamiliar processes including
those surrounding requirements, budgeting, contracting, and
other statutory, regulatory, and cultural hurdles. The
committee believes that an entity that specializes in engaging
and supporting technology producers is necessary to help the
Department become a better buyer and a more attractive customer
to innovative commercial companies.
Section 219--Assessment and Correction of Deficiencies in the F-35
Aircraft Pilot Breathing System
This section would require the Secretary of Defense, in
consultation with the Administrator, National Aeronautics and
Space Administration, to investigate, assess, and implement, if
necessary, effective corrective actions for the F-35 breathing
system to address the initial findings and recommendations
noted by the National Aeronautics and Space Administration's
Engineering and Safety Center Technical Assessment Report on
the F-35 pilot breathing system published on November 19, 2020.
Section 220--Identification of the Hypersonics Facilities and
Capabilities of the Major Range and Test Facility Base
This section would require the Secretary of Defense to
identify each facility and capability of the Major Range and
Test Facility Base that is primarily concerned with the ground-
based simulation of hypersonic atmospheric flight conditions
and the test and evaluation of hypersonic technology in open
air flight.
Section 221--Requirement to Maintain Access to Category 3 Subterranean
Training Facility
This section would require the Secretary of Defense to
maintain access to a covered category 3 subterranean training
facility on a continuing basis and authorize the Secretary to
enter into a short-term lease with a provider of a covered
category 3 subterranean training facility.
Section 222--Prohibition on Reduction of Naval Aviation Testing and
Evaluation Capacity
This section would prohibit the Secretary of the Navy from
taking any actions to reduce the aviation testing capacity with
regards to aircraft divestment or personnel billet changes of
the Navy below fiscal year 2021 levels and requires the
Director of Operational Test and Evaluation to assess the
Navy's planned reductions and mitigation strategy.
Section 223--Limitation on Availability of Funds for Certain C-130
Aircraft
This section would limit funds for the E-6B
recapitalization until the Secretary of the Navy submits a
report to the congressional defense committees with more
information.
Section 224--Limitation on Availability of Funds for VC-25B Aircraft
Program Pending Submission of Documentation
This section would limit funds for the VC-25B Presidential
aircraft until the Secretary of the Air Force submits an
updated schedule.
Subtitle C--Plans, Reports, and Other Matters
Section 231--Modification to Annual Report of the Director of
Operational Test and Evaluation
This section would amend section 139(h)(2) of title 10,
United States Code, by removing the sunset date for the
Director of Operational Test and Evaluation's annual report to
Congress.
Section 232--Adaptive Engine Transition Program Acquisition Strategy
for the F-35A Aircraft
This section would require the Under Secretary of Defense
for Acquisition and Sustainment to submit to the congressional
defense committees an acquisition strategy for continued
development, integration, and operational fielding of the
Adaptive Engine Technology Program propulsion system into the
U.S. Air Force fleet of F-35A aircraft beginning in fiscal year
2027.
Section 233--Advanced Propulsion System Acquisition Strategy for the F-
35B and F-35C Aircraft
This section would require the Secretary of the Navy, in
consultation with the Under Secretary of Defense for
Acquisition and Sustainment, to submit to the congressional
defense committees a report on the integration of the Adaptive
Engine Transition Program propulsion system or other advanced
propulsion system into F-35B and F-35C aircraft 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.
Section 234--Assessment and Report on Airborne Electronic Attack
Capabilities and Capacity
This section would require the Secretary of the Air Force
to conduct an assessment of the airborne electronic attack
capabilities and capacity of the Air Force and analyze the
feasibility of integrating the Department of the Navy's ALQ-249
Next Generation Jammer on Air Force tactical aircraft. This
section would require a report on the assessment to be
submitted to the Committees on Armed Services of the Senate and
the House of Representatives not later than February 15, 2022.
Section 235--Strategy for Autonomy Integration in Major Weapon Systems
This section would require the Secretary of Defense to
create a strategy for maneuver autonomy capability in major
weapon systems by fiscal year 2025. The Secretary of Defense
would also be required to submit a report not later than 1 year
after the date the strategy is submitted, and by October 1 of
each of the following 5 years, on the Department's
implementation progress.
TITLE III--OPERATION AND MAINTENANCE
ITEMS OF SPECIAL INTEREST
Budget Request Adjustments
Nucleated Foam Engine Wash
The budget request for fiscal year 2022 contained $1.08
billion in Defense-Wide Operations and Maintenance for
maintenance.
The committee is aware that an advanced FAA-accepted
nucleated foam engine restoration technology is demonstrating
the ability to improve the long-term readiness, efficiency, and
sustainability of critical military aircraft engines, while
reducing fuel consumption and emissions. The committee also
understands that in addition to achieving substantial
efficiency and safety improvements, recent foam engine wash
testing performed on CV-22 turbine engines under an AFWERX SBIR
contract has significantly reduced the engine wash cycle from
multiple hours to only thirty minutes, while reducing the need
for up to five maintainers, further increasing critical
aircraft readiness while reducing overall maintenance cost and
manning requirements.
The committee appreciates the Air Force Office of
Operational Energy and the Air Force Special Operations
Command's roles in advancing this technology demonstration and
is interested in opportunities to leverage this solution across
varying military aircraft platforms in other military services,
such as the Marine Corps Special Operations Command, so that it
may enhance combat capability and improve aeronautical
performance and readiness of military aircraft against
potential future threats.
Therefore, the committee recommends $1.08 billion, an
increase of $2.0 million, in Maintenance for nucleated foam
engine wash testing.
Further, the committee directs the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict to
provide a briefing to the House Committee on Armed Services by
December 31, 2021, on the resources required for the MARSOC to
implement this program.
Energy Issues
Enhancing Base Resiliency through Ocean Thermal Energy
The committee remains interested in renewable sources of
energy for remote and island facilities. The committee also
understands that ocean thermal energy conversion represents an
abundant source of redundant power and water that could be used
at remote and island facilities. Therefore, the committee
directs the Under Secretary of Defense for Acquisition and
Sustainment to brief the House Committee on Armed Services by
April 1, 2022 on the potential employment of commercial-scale
ocean thermal energy conversion power plants.
Fuel Visibility and Management
The committee acknowledges the recent efforts of the
Department to seek fuel asset visibility solutions to improve
current accountability infrastructure. The committee believes
that leveraging existing commercial solutions for fuel
accountability and remote transaction monitoring can reduce
internal development requirements, lower sustainment costs, and
increase the speed and accuracy of fuel transaction reporting.
The committee notes with interest the Defense Logistics
Agency's intent to replace the legacy fuels manager defense
accountability system as an opportunity to research, identify,
and leverage the best practices of the energy industry to
improve the remote monitoring and quality assurance procedures
for defense fuel business practices.
The committee encourages the Department and military
services to identify existing electronic fuel management
systems being employed by the energy and maritime industries
for the monitoring of fuel storage, fuel transfer transactions,
operational fuel consumption, and CO2 emissions reporting at
remote locations on land and at sea. The committee believes
that fuel management systems that provide near-real time,
secure, accurate and automated monitoring capabilities via a
common analytics dashboard, and which reduce the need for
manual reporting and opportunity for human error in data entry
should be considered for transition to defense application.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the House Committee on Armed Serves by
March 1, 2022 on progress the military services have made in
identifying and evaluating existing technology and industry
best practices for remote fuel monitoring and accountability.
Installation Energy Resilience
The Committee is aware of Department of Defense initiatives
on energy resilience as outlined in Department of Defense
Instruction 4170.11, Installation Energy Management and
commends the Department for efforts to mitigate the impact of
energy disruptions on military installations that would
threaten mission accomplishment. The committee continues to
encourage the Secretary of Defense to procure, operate,
maintain, test and upgrade energy resilient systems for
critical energy requirements on its military installations. The
use of alternative or renewable energy offers great promise in
achieving energy resilience and meeting the goal of 25 percent
renewable energy goal for the Department of Defense will
require the Department and the Services to streamline project
requirements and address barriers to development of renewable
energy to support military installation energy needs.
The committee directs the Secretary of Defense, in
coordination with the Services, to standardize, where possible,
the policies and processes that guide renewable energy
developments. Further, the committee directs the Secretary of
Defense in coordination with the military service secretaries
to provide a report to the House Committee on Armed Services by
February 1, 2022, on the following:
(1) currently operational renewable energy projects on
military installations;
(2) The average time elapsed from project initiation to
completion, organized by type (wind, solar, geothermal, energy
storage, hydro, CHP/Cogeneration, microgrids) and by Service;
(3) areas that the Department of Defense and the Services
can standardize items such as consent agreements, Power
Purchase Agreements, site licenses, ground and roof-top leases
and subleases and memos of aforementioned documents;
(4) an analysis of whether more flexible contract terms
could increase incentives for project developers; and
(5) measures that would increase incentives for battery
storage on military installations.
Micro-reactor Support of Installation Energy Resiliency
The committee commends the Department of Defense (DoD) for
pursuing policies and goals to increase energy resilience as a
means to enhance the range, endurance, agility, and mission
assurance of DoD installations. The committee recognizes that
the Department has a variety of policies, programs, statutory
authorities, and tools to implement energy resilience and
maintain critical missions and readiness. The committee
appreciates the efforts of the Department of Defense to further
the research and development of micro-reactors as a possible
means to increase energy resilience at defense installations
without contributing to the carbon footprint of the Department.
Sections 2911 and 2924 of Title 10 of the United States
Code establish the Energy Policy of the DoD, which emphasizes
the importance of energy security, resilience, and sets a goal
for the use of renewable energy to meet energy needs. However,
the committee notes that many of these goals are set to be
achieved in 2025, and questions whether it is time for the
Department to establish new goals to continue progress towards
energy resiliency beyond 2025.
Accordingly, the committee directs the Under Secretary of
Defense for Acquisition and Sustainment to provide a briefing
to the House Committee on Armed Services by February 1, 2022,
regarding the Department's evaluation of future energy
resilience. The briefing shall address
(1) the Department's evaluation of its current and
projected performance out to 2025, in meeting the existing
resilience and energy performance goals. Such evaluation should
include an assessment of the challenges to achieving relevant
policies;
(2) the Department's evaluation of the adequacy of current
resilience requirements for installation energy to determine
whether changes are needed to address the following: (a) the
need to provide uninterrupted power to installations during
power grid failures for at least three days; (b) protection
against cyber threats and electromagnetic pulses; (c)
resilience to extreme natural events, including earthquakes,
volcanology, tornados, hurricanes, floods, tsunamis, seiches,
high snowfall, and very low or high temperatures;
(3) the Departments plans for deploying a micro-reactor or
small modular reactor at a domestic installation by 2025, and
the efforts by each military branch to include micro-reactors
in the planning for meeting future installation energy needs.
(4) What if any barriers to the deployment of micro-
reactors currently exist in statute or regulation.
Mobile, High-Density Hybrid Power Delivery
The committee recognizes that resourcing sufficient,
expeditionary clean power to off-the-grid and remote locations
remains an operational challenge to our military and limits its
ability to compete against near-peer adversaries. The
development of advanced technologies for mobile energy
generation will improve our energy resilience and independence,
and ensure our Joint Forces can meet high-density, near-term
power requirements in remote areas that have limited access to
fuel and resupply convoys.
The committee also notes that mobile, high-density hybrid
power delivery systems may be configured to drive novel
electric powertrains in applications from high-torque vehicles
to unmanned maritime systems to long-range high-power
autonomous flight vehicles.
The committee directs the Deputy Assistant Secretary of
Defense for Environment and Energy Resilience to provide a
report to the House Committee on Armed Services by December 1,
2022, on efforts to incorporate mobile, high-density power
delivery technologies in electric powertrain platforms. The
report should consider commercial, off-the-shelf solutions.
Operational Energy
The committee remains concerned about the logistics
challenges our armed services will encounter in a contested
environment. In particular, the committee is cognizant of the
obstacles related to energy that could lead to disruptions in
operations due to potential intermittent energy availability.
While the committee is aware of the Department of Defense's
nascent efforts to address these issues, the lack of
coordination and the focus on addressing both supply- and
demand-side element of the problem is concerning. The committee
observes that some of the Department's policies, such as a
preference for a single drop-in fuel type, may not be the only
option for meeting certain requirements of the National Defense
Strategy.
The committee notes that industry, as well as our allies
and partners, have been investing in hydrogen fuels, electric
propulsion systems, and other systems that increase the range
and on-station time of fossil fuel vehicles and that these
systems could be selectively applied to reduce the risk in a
contested environment. Therefore, the committee directs the
Assistant Secretary of Defense for Energy, Installations, and
Environment, in coordination with the Director of Logistics for
the Joint Staff, the Assistant Service Secretaries of the
military departments for Energy, Installations, and
Environment, the Commander of U.S. Indo-Pacific Command, and
the Director of the Defense Logistics Agency, to submit a
report to the House Committee on Armed Services by March 15,
2022, that identifies and evaluates viable operational energy
architectures including but not limited to the above for their
value in reducing the demand on the contested logistics
enterprise. The report shall include at a minimum the
following:
(1) an assessment of alternate-fuel-based commercial
platforms and products, and the level of suitability, effort,
and risk associated with adapting them for Department of
Defense use;
(2) a general discussion about potential performance
benefits and corresponding operational benefits of platforms
powered by alternate fuels, with a specific focus on the
feasibility, benefits, and risks of using hydrogen fuels and
cached hydrogen fuel feedstock for operational energy in
expeditionary advanced base operations;
(3) a discussion of current and future production capacity
by U.S. allies and partners for fuel alternatives that could
address demand in a contested environment, with a specific
focus on the commercial availability of hydrogen and hydrogen
fuel feedstocks within the U.S. Indo-Pacific Command area of
responsibility;
(4) a review of transportation safety and storage capacity
for fuel alternatives, with a focus on the feasibility,
benefits, and risks of transporting hydrogen gas in bulk as
well as storing hydrogen fuel feedstocks; and
(5) a list of recommendations for Department of Defense
research and development investments to address the demand side
of the contested logistics environment.
Logistics and Sustainment Issues
Addressing Out-of-Pocket Cost Disparities for Military Uniform
The committee directs the Secretary of Defense, in
consultation with the Service Secretaries, to submit a report
to the House Committee on Armed Services not later than March
1, 2022 on the plan to address the recommendations in the U.S.
Government Accountability Office's report entitled Military
Service Uniforms: DOD Could Better Identify and Address Out-of-
Pocket Cost Inequities'' (GAO-21-120).
In responding to the recommendations, the report shall
include a summary of actions that have been or will be taken to
implement the recommendation, and a schedule, with specific
milestones, for completing implementation of the
recommendation.
The report shall also include the following:
(1) define standardized thresholds at which cost
differences in allowances or from planned uniform changes
(across the Services or by gender within a Service) are
considered significant and warrant adjustments, including
analysis completed to define those (per the official DoD
response to GAO-21-120);
(2) demonstrate how a service's directed uniform changes
are calculated into the enlisted uniform allowance; and
(3) Identify causes for like-uniform cost disparities
between males and females, and actions the Department can take
to eliminate that disparity.
Air Force Mobility Sustainment and Modernization
The committee recognizes the importance of a strong Air
Force Reserve Component that can provide needed surge
capability to the Active Component during times of peak demand.
The Reserve Component is an especially critical force provider
of inter- and intra-theater mobility assets to United States
Transportation Command, via the Air Force Air Mobility Command.
To that end, the committee is concerned that the Air Force
continues to divest legacy aircraft from the Reserve Component
while it modernizes the Active Component.
Therefore, the committee directs the Secretary of the Air
Force to provide a briefing to the House Committee on Armed
Services not later than March 1, 2022, on the Air Force's
sustainment and modernization plans for the global fleet of C-
17 and C-130 aircraft, broken out by Active and Reserve
Components, including an assessment of the need for
standardized fielding allocations and permanent aircraft tail
number assignments for Reserve Component airlift squadrons.
Air Logistics Complex Capital Equipment Requirements
The committee recognizes the importance of the work
performed at the Air Force's three public depots (Air Logistics
Complexes) and has concerns about the aging capital equipment
at each location.
The committee therefore directs the Secretary of the Air
Force to submit a report to the Committees on Armed Services of
the Senate and House of Representatives by March 1, 2022, on
the capital equipment replacement and/or refurbishment
requirements at each of the Air Force Air Logistics Centers.
The report should include the name, age, and expected
replacement age of equipment; replacement or refurbishment
cost; year of obsolescence; replacement plan for obsolescent
equipment; and the plan to invest in advanced technology
capital equipment.
Army Futures Command Depot-Level Maintenance
While the committee is encouraged by the ongoing work of
Army Futures Command to modernize Army platforms, it is
concerned about how these future systems will be maintained.
The committee believes that there must be planning and
infrastructure in place for the sustained maintenance of these
systems, and that depot-level maintenance will be particularly
important. It is also critical that the introduction of new
equipment maintenance obligations be effectively integrated
with existing capabilities to ensure that Army Futures Command
can meet delivery schedule requirements. Therefore, the
committee directs the Secretary of the Army to submit a report
to the House Committee on Armed Services not later than January
31, 2022, that includes the following:
(1) an analysis of the ability of the Army to perform
depot-level sustained maintenance of any future systems
developed by Army Futures Command; and
(2) recommendations for additional maintenance capabilities
that will need to be established to sustain such systems.
C-130 Depot Maintenance Capacity
The committee is aware that Air Force, Navy, and Marine
Corps C-130 depot maintenance is performed at multiple
locations and Air Force Air Logistics Centers, and it has
concerns about potential capacity and capability shortfalls to
execute overflow or surge C-130 depot maintenance. Accordingly,
the committee directs the Secretary of the Air Force to provide
a briefing to the House Committee on Armed Services not later
than March 1, 2022, on the Air Force's efforts to ensure that
adequate capacity and capability exists to complete all current
and forecast C-130 depot maintenance. The briefing should
include an explanation of C-130 depot work performed, by
location; a description of the workforce composition at each
location, broken down between government and contractor
employees; and a description of each location's existing
additional capability and capacity to meet surge or overflow C-
130 depot maintenance. If capability or capacity shortfalls are
identified, the briefing should include the Air Force's plans
to mitigate these shortfalls.
Data Analytics Driving On-Time Ship Maintenance Deliveries
The committee recognizes the benefits of leveraging the
vast amounts of data collected to drive better and more rapid
decision across the Department of Defense. The Navy is
implementing data analytics tools and techniques to enhance
warfighting, training, acquisition and all corporate decisions.
Using quantitative techniques, data driven analysis, and
various other research techniques, Navy leadership is embracing
data analytics and the benefits it brings to all organizations
at all echelons. Initiatives such as Perform to Plan (P2P) have
shown how data driven decisions not only enhance readiness but
reduce cost. The committee is particularly impressed with how
the Mid-Atlantic Regional Maintenance Center (MARMC) has
leveraged previous Department of Defense Small Business
Innovation Research (SBIR) investments in Data Analytics to
drive improved performance in the ship maintenance process. By
extending the Expeditionary Logistics (EXLOG)/Logistics Common
Operating Picture (LOGCOP) tool created under the SBIR program,
the command has increased the speed and quality of decisions
which is resulting in improved performance during maintenance
periods. The committee believes the Navy should leverage this
SBIR technology to improve the tool and expand this best
practice to other Regional Maintenance Centers. Therefore, the
committee directs the Secretary of the Navy by February 1,
2022, to prepare a brief to the House Committee on Armed
Services as to Secretary's intent to expand these data analytic
tools and techniques throughout the ship maintenance
enterprise.
Defense-Wide Working Capital Fund Cash Management Actions
The committee is aware that the Defense-Wide Working
Capital Fund has faced cash management challenges due to the
COVID-19 pandemic and subsequent reduced operational tempos of
the individual services, and that the Defense Logistics Agency
has executed multiple near-term actions to maintain adequate
cash balances, including purchase order reductions,
reprogramming actions, and rate increases. However, the
committee is concerned with the potential longer-term impacts
to readiness and supply chain resilience as a result of these
cash management actions. Therefore, the committee directs the
Director, Defense Logistics Agency to submit a report to the
House Committee on Armed Services not later than March 1, 2022,
on the overall solvency of the Defense-Wide Working Capital
Fund. At a minimum, the report shall address the following
elements:
(1) a review of monthly fiscal years 2020 and 2021 cash
balances compared to upper and lower limits, and cash
management actions taken to ensure adequate balances;
(2) an assessment of the impact to the supply base from
cash management actions taken in fiscal years 2020 and 2021;
(3) a review of strategies implemented to lessen the impact
on the supply base, especially smaller vendors, due to fiscal
year 2020-2021 cash management actions;
(4) an assessment of what impact reduced purchase order
actions in fiscal years 2020 and 2021 will have on future
readiness over 6-month, 12-month, 18-month, and 24-month time
horizons;
(5) A review of actions taken in the President's budget
request for fiscal year 2022 that will allow for the
normalization of purchase orders in execution year 2022;
(6) an identification of the percentage of fluctuation
related to long-range forecasting and demand requirements for
troop support end items, and an assessment of specific
processes used to track and reduce such fluctuations; and
(7) a recommendation as to whether shifting from a long-
range forecasting model to a consumption pull model would
create a more consistent purchase order environment and
facilitate cost reductions as a result of greater certainty for
contractors in the supply chain, and whether reducing the range
of minimum and maximum contract obligations to a range of plus
or minus 20 percent of annual estimated quantities would
relieve ordering fluctuation and improve supply chain
resilience.
Depot Capital Investment
The Committee authorizes $900 million of additional depot
modernization funds for each of the Services. These funds shall
only be used to sustain, modernize, or improve the efficiency
of government-owned depot facilities, infrastructure,
equipment, processes, and work environment. None of the funding
provided may be used for depot operations. The Committee
directs the Secretary of Defense and the Service Secretaries to
submit a detailed spend plan by project, location, and dollar
amount not less than 30 days prior to the obligation of these
funds. The Committee also directs the Secretary of Defense to
submit a report to the House Committee on Armed Services by
December 1, 2022, that describes the impact of these funds on
depot modernization and operations.
Efficiency in in the Field of Logistics Management
The committee supports the Marine Corps' continued
development of real-time global asset inventory systems at the
Marine Corps Platform Integration Center (MCPIC). MCPIC was
created to enable visibility into inventory location and
condition. Originally, MCPIC was designed for the Marine Corps
Prepositioning Program's global mission of supporting the
warfighter using commercially available technologies in
accordance with the Department's cybersecurity standards. The
committee acknowledges the system's positive impacts on
inventory management of supplies and its capacity to provide
insight into the physical location of items during the in-
storage, in-process, and in-maintenance phases. Broader
implementation of this capability could enable a common
logistics picture across the enterprise and reduces
redundancies between the services and supporting agencies such
as the Defense Logistics Agency.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the House Committee on Armed Services,
no later than February 15, 2022, on the potential efficiencies
and other benefits of expanding MCPIC technology to a wider
range of asset management programs within the Department-wide
supply enterprise.
F-35 Organic Maintenance Capability
The committee recognizes the importance of the F-35
Lightning II program to our national defense and its foreign
partners. The committee is concerned that the program faces
affordability challenges for the services, and that organic
repair capability could play a large role in reducing
sustainment costs.
Given the significance of the F-35 program to the future of
tactical air for the military, the Department of Defense's need
to operate and deploy the F-35 on a widespread basis in the
coming years, the involvement of international partners and
foreign military sales customers, and the importance of
maintaining affordability, the committee directs the
Comptroller General of the United States to review organic
maintenance capability of the F-35. At minimum, the review
shall address the following elements:
(1) depot standup, including prospects for moving some
aspects from contract-led to organic repair capability; F-35
Joint Program Office efforts to speed up the establishment of
depot maintenance capability; technical data rights and unique
tooling requirements associated with an expanded organic depot
repair capability; prime and sub-prime contractor efforts to
provide required technical data and unique tooling in
accordance with organic repair requirements; and an assessment
of the actual versus forecast complexity for scheduled and
unscheduled depot-level repair actions, as well as planned
efforts to account for expanded complex repair requirements;
(2) options, progress, and impact for organic supply chain
management; options and efforts to make supply chain management
an organic task, as well as assessment of potential cost
savings in doing so;
(3) field-level maintenance challenges including Autonomic
Logistics Information System (ALIS), ALIS to Operational Data
Integrated Network transition, lack of technical data and
unique tooling, and reliability and maintainability problems;
assessment of key drivers of Not Mission Capable for
Maintenance (NMC-M) rates; assessment of Department efforts to
address key drivers to NMC-M rates; and
(4) other items the Comptroller General determines
appropriate.
The committee further directs the Comptroller General to
provide a briefing to the House Committee on Armed Services not
later than March 1, 2022, on the Comptroller General's
preliminary findings and to present final results in a format
and timeframe agreed to at the time of the briefing.
Ground Combat Vehicle Maintenance Modernization Report
The committee is aware that while Army rotary-wing aviation
has digitized their systems to increase efficiency, those in
ground combat vehicle maintenance are still using paper records
for multiple processes including ordering parts and standard
checks. The committee is concerned that such techniques slow
the maintenance process down and increase the risk of human
error. The committee notes that recent reports have highlighted
Army Materiel Command's efforts to modernize and invest in
technologies that will speed up and improve the maintenance
process. The committee applauds these efforts and believes
there is room to investigate further modernization efforts
involving ground combat units force-wide.
Therefore, the committee directs the Assistant Secretary of
the Army for Acquisition, Logistics, and Technology to provide
a report to the House Committee on Armed Services by February
15, 2022, assessing at a minimum the following:
(1) a description of current field-level maintenance
procedures for ground combat vehicles;
(2) a review of current efforts that the Department of the
Army has taken to digitize items including, but not limited to,
procedures and manuals;
(3) a discussion of the options available for further
digitization and the expected efficiencies that can be gained
from these possible changes;
(4) a cost estimate for procuring said capabilities; and
(5) an estimated implementation plan and timeline for doing
so.
Ground Tactical Vehicles for Special Operations Forces
The committee recognizes that commonplace technologies and
equipment such as Non-Standard Commercial Vehicles (NSCV) can
support special operations forces (SOF) efforts to compete with
near-peer adversaries and counter violent extremist
organizations. NSCV can also enable SOF to operate safely while
blending into the local population as the fleet is based upon
globally available, regionally specific commercial vehicle
platforms that are enhanced with SOF-specific modifications.
The committee recognizes the importance of such a capability,
which can enable SOF operations and activities in plain sight.
However, the committee is also aware that the current NSCV
fleet is coming to the end of its service life.
Therefore, the committee directs the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict to
submit a report to the House Committee on Armed Services not
later than February 25, 2022, on the current and future plans
for the NSCV fleet. The report must include a strategy for the
use of ground tactical vehicles across the spectrum of SOF-
specific missions, focusing on great power competition.
Further, the report must include an analysis of alternatives to
the NSCV fleet, if applicable. The report may contain a
classified annex if necessary.
Implementation of Improvements to F-35 Sustainment
The committee recognizes the importance of the F-35
Lightning II Program to the nation's defense. The F-35 and its
advanced capabilities represent a growing portion of the
tactical aviation fleet for the Department of Defense,
eventually to replace a variety of legacy fighter aircraft in
the Air Force, Navy, and Marine Corps. The F-35 is also the
Department's most ambitious and costly weapon system, with
overall costs for the program estimated by the Department at
more than $1.7 trillion over its 66-year life cycle. The
majority of these costs, approximately $1.3 trillion, are
associated with the sustainment of the aircraft. The Government
Accountability Office (GAO) has been assessing the Department's
efforts to sustain the F-35 since 2013. The GAO's work has
resulted in over 30 recommendations to the Department on how it
could more effectively manage sustainment of the F-35 program.
Although the Department has taken positive steps to implement
and eventually close out several of these recommendations, the
majority of GAO's recommendations remain open. Some of these
recommendations, which focus on critical aspects of sustainment
such as developing an intellectual property strategy for the
program and establishing a performance-measurement process for
the Autonomic Logistics Information System (ALIS), have been
open for 7 years. Others, such as the June 2021 recommendations
to help the Department ensure it can afford to sustain the
number of F-35s it plans to purchase, are more recent and
particularly time-sensitive.
The GAO's work assessing sustainment of the F-35 has
produced critically important recommendations that, if
implemented, could help the Department improve overall
sustainment and affordability of the program. Given the
significance of the F-35 program to the future of tactical air
in the Department, and the Department's need to continue to
procure, operate, and deploy the F-35 in the coming years, the
committee directs the Secretary of Defense to submit a report
to the congressional defense committees by March 1, 2022, on
the Department's progress implementing GAO's F-35 sustainment-
related recommendations, including:
(1) the status of the Department's efforts to address open
GAO recommendations for enhancing F-35 sustainment;
(2) the steps the Department plans to take to fully
implement GAO's recommendations; and
(3) key factors hindering the implementation of these
recommendations.
Landing Gear System Management
The committee is aware of seven landing gear related Air
Force flight mishaps between June 2020 and May 2021, involving
seven different aircraft (A-10, C-17, F-15, F-16, F-22, F-35,
and MQ-9), and has concerns about landing gear systems
management across the total Air Force inventory. Therefore, the
committee directs the Secretary of the Air Force to provide a
briefing to the House Committee on Armed Services not later
than March 1, 2022, on the Air Force's efforts to reduce
landing gear related mishaps and discrepancies across its
entire inventory of aircraft. The briefing should include a 10-
year historical review of landing gear related mishaps;
identification of any trend data across platforms; and an
assessment of the need to consolidate management of total
inventory landing gear systems to one organization within the
Air Force as a means to identify trend data across platforms,
develop common solutions, and reduce Air Force landing gear
systems malfunctions and mishaps.
Predictive Maintenance
The committee notes that the Department of Defense has in
recent years undertaken various initiatives to determine the
most effective and efficient way to plan and perform
maintenance on its weapon systems, including through preventive
maintenance performed on a regular schedule and conditions-
based maintenance performed at predetermined trigger events.
The military services have begun developing predictive
maintenance programs that rely on sensor technology, data
analytics, and algorithms, rather than calendars and current
conditions, to better plan what maintenance is needed when. If
performed effectively, predictive maintenance can reduce weapon
system downtime, ensure adequate supply of needed parts, and
decrease costs.
The committee directs the Comptroller General of the United
States to review the incorporation of predictive maintenance
into the military services' weapon system sustainment. The
review should address the following elements:
(1) the extent to which the Department and the military
services have incorporated predictive maintenance into the
sustainment of ground combat systems, ships and submarines, and
aircraft;
(2) the extent to which the Department and the military
services have set goals, resourced, tested, and executed their
predictive maintenance efforts; and
(3) the extent to which the Department and the military
services have established policies and implemented processes to
track and manage predictive maintenance efforts.
The committee further directs the Comptroller General to
provide a briefing to the House Committee on Armed Services not
later than March 1, 2022, on the Comptroller General's
preliminary findings and present final results in a format and
timeframe agreed to at the time of the briefing.
Report on Navy Dry Dock Strategy for Ship Maintenance and Repair
The committee understands that the Navy has made
investments to increase dry dock capacity on the west coast of
the United States to meet ship repair surge capacity
requirements and support the National Defense Strategy. The
committee is concerned that a lack of clarity on how these dry
docks will be used and administered could have unintended
negative consequences on the private sector maintenance and
repair industrial base.
Therefore, the committee directs the Secretary of the Navy
to provide a report to the House Committee on Armed Services,
no later than March 1, 2022, that outlines the Navy's long-term
plans for its utilization of existing and potential new dry
docks on the west coast. The report should address:
(1) how the Navy will execute a consistent and balanced
docking strategy that ensures the health of the private sector
maintenance and repair industrial base;
(2) the conditions under which the Navy plans to utilize
surplus dock space on the west coast;
(3) any additional Navy-owned dry dock assets the Navy
plans to locate on the west coast and the planned cost to build
and maintain such planned additional dry docks;
(4) the projected utilization of all dry dock assets (both
private and public) through 2026; and
(5) how the Navy assesses the impact of government
investment in additional dry dock capacity on private sector
repair and maintenance facilities and these facilities'
planning for future upgrades.
Space Resources (Propellant) National Reserve
The committee recognizes the great importance of utilizing
the resources found in space (space resources) to support the
mission of the Space Force and national security space
enterprise as well as the viability of civil and commercial
space activities. Of particular importance is satellite or
rocket propellant. The committee notes that creating a
logistics chain for supplying satellite and rocket propellant
in space is key to the long-term sustainability of the Space
Force and central to one of its core competencies, Space
Mobility and Logistics. The committee further notes that
creating a strategic propellant reserve in space will act as a
catalyst for America's commercial space and resources
industries to invest the capital to create the elements of the
supply chain. These include developing sources of propellant on
the Moon and asteroids, developing the transportation elements
to move propellant within cislunar space, and developing the
distribution nodes or depots to store the propellant. The
committee believes that ready access to propellant for
satellites allows maneuver without regret, the ability to
reposition orbital assets as needed for greatest strategic and
tactical benefit. Finally, the committee notes that refueling
rockets outbound from Earth results in a dramatic lowering of
the cost of space transportation to any destination beyond Low
Earth Orbit, providing tremendous benefits to military, civil
and commercial space activities. Therefore, the committee
directs the Secretary of the Air Force, in consultation with
academia and private sector subject matter experts, to provide
a report to the House Committee on Armed Services by March 31,
2022 that evaluates the national security benefits of creating
a Space Resources (Propellant) National Reserve.
Sustainment Competition in the F-35 Program
The committee is concerned about rising sustainment costs
in the F-35 program, as these costs create affordability
challenges for the services. As such, the committee is
interested in determining the Department of Defense's plans to
increase competition within the F-35 enterprise, including what
intermediate steps could be taken in the near term to leverage
the whole of industry outside the original equipment
manufacturers. Increased competition for F-35 sustainment could
reduce lifecycle costs, increase efficiency, and drive
innovation while strengthening the overall viability of the
program. Therefore, the committee directs the Secretary of
Defense to provide a briefing to the House Committee on Armed
Services not later than March 1, 2022, on the Department's
efforts to reduce sustainment costs by driving competition into
the F-35 program. The briefing should include information on
known barriers that must be overcome to facilitate a
competitive sustainment environment, as well as recommended
solutions.
Readiness Issues
Air Force briefing on delivery of emergency services by firefighters
The committee directs the Secretary of the Air Force to
provide a briefing to the House Committee on Armed Services by
February 1, 2022, outlining efficiencies that will be gained
from the transfer of Emergency Medical Service (EMS) delivery
to firefighters. The briefing will include the following
elements:
(1) an analysis of cost savings to the Air Force from
moving EMS delivery to Fire and Emergency Services (FES).
(2) an analysis of manpower savings potential in the
transition to FES.
(3) an assessment of cost required to train firefighters to
appropriate certification levels.
(4) an assessment of physical space required to move
ambulances to fire stations.
(5) an assessment of required equipment to support the
transition.
Army Enterprise Resource Planning
The Committee directs the Secretary of the Army to provide
a report to the congressional defense committees no later than
March 1, 2022 regarding the implementation, operation, and
maintenance of its enterprise resource planning systems. The
report should address:
(1) challenges the Army faces in its efforts to implement,
operate and maintain its enterprise resource planning (ERP)
systems;
(2) the extent to which the Army is executing business
process reengineering to match commercial best practices;
(3) how the Army has conducted market research and the
results of that market research; and
(4) how the Army is incorporating lessons learned and best
practices in its ERP modernization program.
Assessment of Low-Level Military Training Routes
The committee is aware of Department of Defense concerns
regarding encroachment from development of various types on
low-level military training routes (MTRs) and special use
airspace (SUA). The committee also recognizes that the
Department's airspace needs change over time. The committee
remains committed to preserving access to national airspace for
military test and training activities to ensure military
readiness. However, the committee is also interested, where
feasible, in facilitating deployment of renewable energy
projects, such as wind turbines, that enhance our national and
economic security in ways that are compatible with military
airspace needs. Therefore, the committee directs the Secretary
of Defense, in coordination with the Secretaries of the Army,
Navy and Air Force, provide a report to the congressional
defense committees by October 1, 2022 that assesses low-level
military training routes and special use airspace to identify
areas that are no longer needed or could be adjusted while
still meeting military training requirements. This report shall
document and define military airspace requirements based on
service operational and training needs, identify routes and
special use airspace that could potentially be eliminated or
modified in various ways to accommodate future deployment of
additional wind turbines renewable energy projects, and provide
recommendations for such changes.
Body-Worn Cameras for Military Law Enforcement
The committee recognizes the expansive use of body cameras
by law enforcement personnel around the nation, along with the
positive benefits that result from their use. However, the
committee also notes that there are differences between some of
the tasks that military law enforcement and civilian law
enforcement are called to perform. Therefore, the committee
directs the Assistant Secretary of Defense for Energy,
Installations, and Environment to submit a report to the House
Committee on Armed Services by February 15, 2022, assessing the
use of body cameras by military law enforcement. The committee
believes that local community stakeholders should also be
engaged during the production of this report, to make sure
their thoughts and suggestions are taken into consideration and
incorporated into any final report recommendations. The report
shall include at a minimum the following:
(1) an assessment of the viability of using body cameras by
military law enforcement personnel;
(2) a description of the duties where their use would be
the most appropriate and impactful;
(3) a discussion of what policies would need to be in place
to govern the storage, release, and distribution of camera
recordings to address accountability, transparency, and
national security concerns;
(4) a cost estimate of deployment and storage of camera
equipment; and
(5) to the extent that body cameras are deemed appropriate
and necessary for use by military law enforcement personnel, an
implementation plan for their deployment and use.
Continuation of Waterjet Technology Systems for Removal of Underwater
Explosive Munitions
The Committee understands underwater munitions continue to
pose environmental and safety threats for the military. The
committee is aware that high pressure waterjet technology
systems have demonstrated capability to safely demilitarize
munitions on land and can demilitarize munitions underwater.
Despite the department's efforts, underwater munitions pose a
continued threat. To ensure the issue has been sufficiently
addressed, the Committee directs the Secretary of the Army to
provide a briefing to the Committee on Armed Services by
February 1, 2022, about current and planned efforts to mitigate
against underwater munitions threats, including efforts to
employ waterjet technology systems for the removal of explosive
constituents in underwater munitions.
Eglin Gulf Test and Training Range
The committee notes that the 96th Test Wing's mission,
headquartered and largely executed at Eglin Air Force Base and
the Eastern Gulf Test and Training Range (EGTTR), is to plan,
conduct, test, and evaluate U.S. and allied non-nuclear
munitions, target acquisition, weapon delivery, command and
control systems, navigation systems, integrated base defense
security systems, and supporting systems.
The committee is aware that EGTTR will require highly
specialized capabilities enabling successful fifth-/sixth-
generation weapons testing. The committee is concerned that the
open-air range test-data gathering instrumentation
infrastructure on EGTTR is not keeping pace with the advanced
capabilities of modern weapons systems and munitions. The
committee is further concerned that, with a growing volume of
test and training requirements, more instrumentation throughout
the EGTTR is required for efficient use of air, surface, and
subsurface test areas to address the competition for range
space between competing operational readiness and testing
priorities.
Accordingly, the committee encourages the Secretary of
Defense to modernize and expand open-air range test
capabilities operation and maintenance in the EGTTR through the
upgrades of the Electronic Combat Range. The committee further
encourages the Secretary of Defense to continue to work with
the other departments to ensure that the test and training
missions conducted in EGTTR are protected from activities
incompatible with successful mission completion.
Foreign Military Flight Training Program Assessment
The committee understands the United States has trained
foreign nationals for decades with over 5,100 foreign students
from over 153 countries in the United States for security
cooperation related training with the Department of Defense. It
fully supports this training and its goal of advancing U.S.
security interests by building defense partnerships. It also
understands that international military students undergo
security and medical screening by U.S. officials in the foreign
country before getting a visa and the Secretary of Defense
directed a review of vetting procedures for all foreign
nationals who come to the United States to train.
The committee directs the Secretary of Defense to provide a
briefing to the House Committee on Armed Services by March 1,
2022, on its foreign military flight training in the United
States. The briefing will include, at a minimum, the number of
current locations being used for flight training of foreign
nationals, the number of foreign nationals being trained at
each location and the type of training and equipment being
used, the types of additional flight training in the United
States that would be beneficial to both the United States and
the partner countries, and locations where additional flight
training can be continued or expanded.
Impacts of Tijuana River Sewage on the Ability of Training Ranges to
Meet Joint Force Training Requirements
The committee acknowledges recent efforts by United States
and Mexican authorities to address the impact of transboundary
sewage runoff from the Tijuana River. The committee is aware
that this pollution has eroded Navy Outlying Landing Field
Imperial Beach and contributed to over 250 in-water canceled
training events in Fiscal Year 2020. These findings suggest
Tijuana River sewage runoff will continue to impact the utility
of range complexes, installations, and related facilities in
the San Diego region and the Navy's ability to train to
required standards until proper mitigation measures have been
enacted. Therefore, the committee directs the Secretary of the
Navy to provide a briefing to the House Committee on Armed
Services, not later than February 1, 2022, related to the
impacts of Tijuana River sewage on the ability of training
ranges in the region to meet joint force training requirements.
This briefing shall address the ability of relevant commands to
accomplish mission essential tasks across the Navy's mission
areas; the ramifications of cancelled, delayed, or altered
training on joint force operations; and what actions might be
taken to resolve or mitigate these impacts on relevant ranges.
Implementation of the Navy Common Readiness Model
The committee notes that it is critical for the United
States Navy to leverage technology to identify lifecycle needs
and address readiness challenges. The Navy Common Readiness
Model, which utilizes modeling, simulation and analytic
capabilities to understand and optimize readiness, could allow
the Navy to save development, maintenance and sustainment
funding and enhance the readiness of our naval platforms and
weapon systems.
The committee directs the Secretary of the Navy to provide
a briefing to the House Committee on Armed Services by March 1,
2022, on the implementation of the Navy Common Readiness Model
(NCRM). This briefing should address:
(1) the cost, scope and schedule for NCRM implementation;
(2) the Navy platforms and weapons system that will be
modeled in the NCRM in Fiscal Year 2022; and
(3) the projected cost savings and readiness impact for
each of the platforms and weapons systems.
Minimizing Large Transport Fleet Fuel Burn
The committee strongly supports the mission of the Air
Force's large transport fleet, responsible for airlifting
troops and critical equipment to and from military theaters
across the world. The committee is aware that engines onboard
these aircraft are routinely exposed to harsh environments that
prematurely damage their engine fan blades. The committee
understands that such damage can lead to increased fuel usage
that escalates costs and carbon emissions. As such, the
committee encourages the Air Force to utilize innovative
coating technology to engine fan blades that will reduce fuel
usage and thereby improve the efficiency of existing aircraft.
The committee directs the Secretary of the Air Force to provide
a briefing to the House Committee on Armed Services by March 1,
2022 on the Air Force's strategy to reduce large transport
aircraft fuel burn. The briefing shall address: (1) The large
transport fleet's annual fuel consumption and associated
operational costs; and (2) An analysis of engine fan blade
coatings that could deliver greater fuel efficiency.
Mission Training Complex
The committee recognizes the importance of modernizing
United States Army mission training complexes to meet the
evolving challenges in a multi-domain environment. The
committee notes that upgrading existing information technology
(IT) infrastructure is essential to ensuring these facilities
have access to the most advanced classified networks for
critical training and mission preparation for members of the
U.S. Armed Forces. The committee further notes that IT
modernization is crucial to mission planning, rehearsals and
execution, and support to culminating training exercises for
future evolving threats in an immersive training environment.
Finally, the committee recognizes that these upgrades to
existing infrastructure improve the U.S. Army's ability to
sustain readiness, better integrate with joint forces, and
prepare for the complex array of global challenges they must
counter across the multi-domain environment. The committee
strongly encourages the U.S Army to continue modernization of
mission training complexes and prioritize such efforts on
installations whose units experience high operational tempo.
National All-Domain Warfighting Center
The committee recognizes the critical need for the National
Guard, as an essential component of the Joint Force, to conduct
all domain training and exercises in support of the National
Defense Strategy (NDS). The committee notes the Joint Staff's
development of an all-domain warfighting concept to support the
NDS.
The committee notes that in order to support the national
defense strategy there is an identified need for training
capabilities that can best be achieved within an all-domain
training environment that is able to support training and
exercises for aircraft, maritime, littoral, amphibious, joint
fire support, maneuver coordinated with fires and effects,
multi-echelon sustainment, combined arms live fire, decisive
major combat operations scenarios, air mobility, cyber
operations, space operations, electronic warfare spectrum
availability, mission command, remotely piloted aircraft launch
and recovery, and four seasons capabilities.
The committee notes that the National All Domain
Warfighting Center in Michigan is able to support this all-
domain approach and the requirements that come with it,
therefore enhancing opportunities for all military services to
train within its facilities. Joint All Domain training,
exercise integration, and test and experimentation capability
currently residing within NADWC supports military units from
all service branches, our allies and partners.
The committee further notes that NADWC delivers a joint
all-domain, four-season, training environment that is able to
support its users in their efforts to achieve or sustain
proficiency in conducting joint command and control, air,
maritime, and ground maneuver integration, and the
synchronization of lethal and non-lethal (cyber) fires in a
joint, multinational major combat operations environment that
is scalable across unit resources levels. These capabilities
are critical to the preparedness of our armed forces for future
warfighting demands. NADWC provides a training environment that
addresses training gaps and builds readiness at multiple
echelons with the scope and scale required to address emerging
challenges of near-peer competitors.
The committee directs the Secretary of the Army, in
coordination with the Secretary of the Air Force, to submit a
report to the House Armed Services Committee by March 31, 2022,
on existing joint all-domain warfighting centers that are able
to support training and exercises for aircraft, maritime,
littoral, amphibious, joint fire support, maneuver coordinated
with fires and effects, multi-echelon sustainment, combined
arms live fire, decisive major combat operations scenarios, air
mobility, cyber operations, space operations, electronic
warfare spectrum availability, mission command, remotely
piloted aircraft launch and recovery, and four seasons
capabilities., including:
(1) current funding levels for the National Guard training
centers that meet all these requirements and conduct joint all-
domain warfighting training;
(2) whether these training centers that meet all these
requirements are appropriately resourced to conduct joint all-
domain warfighting training;
(3) training capabilities and opportunities available at
each joint all-domain warfighting center that meet all these
requirements; and
(4) training gaps and limitations present at each joint-all
domain warfighting center that meet all these requirements.
Navy Optimized Fleet Response Plan
The committee notes that in order to address its
persistently low readiness levels, the Navy implemented a
revised operational schedule, the Optimized Fleet Response Plan
(OFRP), in November 2014. OFRP was intended to address several
problems that had developed as the Navy coped with heavy
operational demands. These included increased ship deployment
lengths, reduced or deferred maintenance, decreased
predictability for sailors and the ship repair industrial base,
declining ship conditions across the fleet, and longer
maintenance periods. The Navy's implementation of the OFRP--and
readiness recovery more broadly--is premised on adherence to
more sustainable deployment, training, and maintenance
schedules.
However, the Navy has faced persistent challenges in
implementing OFRP since its inception and Navy readiness
declined between 2017 and 2019. In addition, the Navy has
experienced continued difficulties with ship maintenance
timeliness, implementing training for the high-end fight,
limiting deployment lengths, maintaining ship readiness after
deployment to provide for surge capacity, meeting ``fit and
fill'' crewing goals across the fleet, and maintaining carrier
air wing readiness. In October 2020, the Navy updated its OFRP
instruction to implement additional changes and address lessons
learned. The committee remains concerned about the Navy's
implementation of OFRP and its effect on the Navy's readiness
recovery.
Therefore, the committee directs the Comptroller General of
the United States to assess the following:
(1) the extent to which the Navy has been successful in
achieving OFRP goals for maintenance completion, timeliness,
training certifications, personnel fit/fill rates, operational
availability, and others;
(2) the extent to which OFRP implementation impacted
carrier air wing maintenance, training, and readiness;
(3) the extent to which the Navy has taken action to
improve OFRP and the challenges it faces in maximizing the
fleet's operational availability; and
(4) any other related matters the Comptroller General
considers appropriate.
The committee further directs the Comptroller General to
provide a briefing to the House Committee on Armed Services not
later than November 1, 2021, on the Comptroller General's
preliminary findings and to present final results in a format
and timeframe agreed to at the time of the briefing.
Next Generation 911
The committee recognizes the importance of quick response
times in responding to emergencies on military installations.
Incidents at Naval Air Station Corpus Christi, Joint Base Pearl
Harbor-Hickam, and Washington Navy Yard show the importance and
need for rapid alert systems and responses. The committee is
aware of Department of Defense's ongoing efforts to upgrade
their public safety communications ecosystem, taking advantage
of innovative technological solutions in the emergency services
space to increase efficiency and save lives. The committee is
encouraged by these steps by the Department and looks forward
to further progress in this realm as their planning continues.
The committee directs the Director of the Defense
Information Systems Agency to provide a briefing to the House
Committee on Armed Services by February 15, 2022, including at
a minimum the following:
(1) an update of ongoing efforts and plans to modernize
emergency alert systems on domestic installations;
(2) a discussion on the specific challenges to modernizing
emergency alert systems on domestic installations;
(3) an assessment of the possible use of an outside project
manager or consulting service to assist in Department efforts
to modernize emergency alert systems on domestic installations;
and
(4) a description of next steps for the implementation of
this program.
Parachute Management System
The committee continues its interest in updating the way in
which the Army manages parachute systems. In the committee
report accompanying the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (H. Rept. 116-
442), the committee required a report on Personnel Parachute
and Cargo Management Inventory which the Army provided to the
committee on January 8, 2021. The report concluded that the
existing paper-based system used by parachute riggers is
inadequate. As a result, the Army is developing an interim
parachute management system that is slated to be replaced by a
program of record in the 2027 timeframe.
The committee is concerned that the Army has decided to
forgo suitable commercially available parachute management
systems, and instead develop a government solution to bridge
the gap between today and the program of record replacement.
The committee notes that the report does not conclude that the
commercially available systems do not meet the Army's
requirements. The committee therefore directs the Secretary of
the Army to submit a report to the House Committee on Armed
Services by February 1, 2022, containing at a minimum an
analysis of the ability of commercial parachute management
solutions to meet Army requirements and the cost of developing
a government solution versus deploying an interim solution for
parachute management with a commercial-off-the-shelf system.
Pilot Training Next--Advanced (PTN-A)
The committee acknowledges the challenges the Air Force
faces in training and retaining qualified pilots and is
concerned about the risk this poses to the Air Force core
mission. Therefore, the committee directs the Secretary of the
Air Force to provide a report to the House Committee on Armed
Services by March 1, 2022 on the Air Force's strategy to train
1450 pilots per year and the required combat system operators
(CSOs), from initial mission qualification through combat
mission qualification. The report should specifically address:
(1) Considerations related to retirement of the T-1 Jayhawk
including a cost benefit analysis comparing upgrading and
maintaining the current fleet or part thereof; transitioning to
a new commercially available aircraft; or transitioning to a
simulator only course;
(2) Status of development for the T-7 Red Hawk syllabus and
course requirements to account for the expected increased
capability of the T-7 aircraft compared to the legacy T-38
aircraft;
(3) A strategy to incorporate new technologies developed
under Pilot Training Next/Pilot Training Next--Advanced (PTN/
PTN-A) experimental training courses to improve training
effectiveness and efficiency, including considerations for
incorporating immersive technologies with the intent of
leveraging low-cost training devices where appropriate;
(4) Considerations related to the incorporation of
biometric monitoring devices and psychometric testing to assess
readiness of instructor and student aircrew;
(5) Other material and non-material requirements to achieve
improvements in rated aircrew training effectiveness,
efficiency, and operator retention.
Preserving Military Training Routes
The committee commends the Military Aviation and
Installation Assurance Siting Clearinghouse (the Clearinghouse)
for its efforts in ensuring that compatible energy development
for energy security does not present an undue national security
risk or undermine readiness. The committee notes that the
Clearinghouse has conducted considerable analysis related to
potential wind energy projects on military training routes and
ensuring that adequate mitigations are in place to avoid any
adverse impact on military operations and readiness. Further,
the committee encourages the Department of Defense to engage
with all stakeholders as part of its process to assess and make
a determination of whether an individual project is compatible.
As such, the committee directs the Secretary of Defense to
submit a report to the House Committee on Armed Services by
March 1, 2022, to include, at a minimum the following:
(1) an update on the process by which the Clearinghouse
reviews and seeks stakeholder input on proposed wind energy
projects with the potential to impact military training routes;
(2) a review of available mitigations to include
technological mitigations being used to avoid any negative
impact to readiness;
(3) any ongoing research and development programs to
mitigate readiness impacts of wind turbines and how emerging
technologies are factored into the Clearinghouse's
compatibility analysis;
(4) a discussion of how the Clearinghouse assesses the
cumulative impacts of wind projects on the viability of a
military training route; and
(5) a list of military training routes that are no longer
in use due to wind energy projects, and what training
mitigations were put in place to counter the readiness impacts
of those routes not being available for use.
Readiness Modeling
The committee is encouraged by the Under Secretary of
Defense for Acquisition and Sustainment's efforts to improve
readiness and control lifecycle costs. The committee encourages
the Department of Defense to expand these efforts across the
enterprise and look at the potential for using modeling for all
complex defense systems, performing simulation and analytically
optimizing readiness and lifecycle cost outcomes. The committee
notes that this methodology could reliably redefine readiness
not as a single measure, but as a cost-optimized curve that
could provide Congress and the Department with multiple support
options across an array of budgetary scenarios thereby
increasing understanding of the steps required to reduce
lifecycle costs and improve system performance. Therefore, the
committee directs the Under Secretary of Defense for
Acquisition and Sustainment to submit a report to the House
Committee on Armed Services by December 1, 2021, on efforts to
standardize readiness modeling for major weapon systems across
the Department of Defense enterprise.
Review of Mitigation Options for Potential Wind Turbine Interference on
Radars
The committee is aware of Department of Defense concerns,
including coming from the North American Aerospace Defense
Command (NORAD), regarding compatibility between wind turbines
and radars if energy projects are not properly sited. The
committee also understands there are some mitigations available
today, both on the wind farm side and the radar side, to
address wind turbine and radar issues, and others under
consideration but not yet fully developed or validated.
For example, the committee is aware and has previously
supported development of gap-filler, or infill, radars that are
delivering promising results mitigating the impact of wind
turbine interference on the Department's radar infrastructure.
The impact of wind turbine interference is most significant at
the moment within the United States Northern Command/North
American Aerospace Defense Command (USNORTHCOM/NORAD) air
surveillance command and control system (C2). Therefore, the
committee encourages the Department of Defense to move more
rapidly to test the integration of infill radars into the
existing C2 architecture.
The committee is also aware of potential opportunities to
upgrade ASR-11/DASR sites utilized by NORAD, including through
adapting the CARSR 270 software modification for use in ASR-11/
DASRs, concurrent beam processing, and MIT Lincoln Lab's
turbine adaptive nulling concept. The committee encourages the
Department to move rapidly to develop, validate and deploy
these mitigations as necessary.
The committee directs the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Commander
of North American Aerospace Defense Command, to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives by February 1, 2022 on a strategy
for integrating in-fill radars into the Battle Command System-
Fixed (BCS-F) command and control architecture and other
potential alternative mitigations. The briefing should also
include the strategy for upgrading ASR-11/DASR sites. At a
minimum, the briefing should include the following elements:
(1) Impact of wind turbine radar interference on the
homeland air sovereignty mission and how it is assessed;
(2) Limitations and challenges associated with infill radar
integration into the BCS-F architecture;
(3) Strategy, milestone events, and timeline for
integration of infill radars into BCS-F;
(4) Status of development, testing and/or deployment of
upgrades to the ASR-11/DASR sites;
(5) Any additional migration options the Department is
actively investigating to address potential wind turbine/radar
conflicts and the remaining steps and timeline to validate and
deploy such mitigations if they are successfully tested;
(6) Mitigation options the Department is not considering
but could with additional resources;
(7) Mitigation options the Department has considered but
rejected, if any, along with an explanation of why the
option(s) is not considered viable; and
(8) An assessment of the resources necessary to develop,
test, validate and deploy the mitigation options described
above, including opportunities for industry financing under
section 183a of title 10, United States Code.
Study and Report on Feasibility of Permanent Basing Air Force Flying
Unit/s on Guam
The committee recognizes the importance the island of Guam
plays in the National Military Strategy for the Department of
Defense and its critical role in safeguarding our national
security interests in the Indo-Pacific. Therefore, the
committee directs the Secretary of the Air Force, in
consultation with the Chief of the National Guard Bureau and
the Director of the Air National Guard, to report to the House
Committee on Armed Services by February 15, 2022, on the
feasibility and advisability of establishing Total Force flying
mission/s on Guam that include the Guam Air National Guard. The
report shall include at a minimum the following:
(1) a detailed analysis on how permanent basing flying
mission/s on Guam would affect the region's strategic planning
and overall national defense and security;
(2) the optimum airframe type/s and mission designation;
(3) the overall cost estimate for such establishment;
(4) a cost-benefit analysis of rotational presence vs.
permanent basing;
(5) an estimate of how many assigned personnel are required
to support the mission;
(6) the length of time and critical milestones required for
such establishment;
(7) the recommended structure of the organization (Active
or Classic Associate); and
(8) such other matters as may be determined relevant by the
Secretary.
T-7A Red Hawk Predictive Analytics
The Committee supports the use of predictive analytics by
the Department of the Air Force's Air Education and Training
Command (AETC) to achieve improvements in aircrew training
production, aircraft readiness, and cost. The use of such data
has provided important advantages to help address AETC
production challenges and pilot shortages.
Therefore, the committee directs the Secretary of the Air
Force, in coordination with the Commander, Air Education and
Training Command, to provide a briefing to the House Committee
on Armed Services by March 1, 2022 on the strategy to expand
predictive analytics in the effort to mitigate mission and cost
impacts during the transition process from the T-38 Talon to
the T-7A Red Hawk.
Use of Fitness Wearables to Measure and Promote Readiness
The Committee recognizes warfighter readiness remains an
ongoing challenge. In recent years, the Department of Defense
conducted several pilot programs to use wearable health and
fitness trackers to measure individual and troop readiness.
Accordingly, the committee directs the Secretary of Defense to
provide a report to the House Committee on Armed Services by no
later than March 1, 2022 on the potential for wearable
technology to improve readiness. The report shall at a minimum
include the following:
1. An assessment of the potential for a DOD-wide program to
use wearable health and fitness trackers to provide the
warfighter with key readiness metrics and scores, including
activity levels, stress, sleep, heart rate variability, and
oxygen saturation;
2. How aggregated data could be used to improve physical
readiness programs;
3. What steps would be required to safeguard data and
maintain privacy protections; and,
4. What steps would be required to safeguard classified
data in locations where wearables are being used.
Wind Turbine Mitigation Technology
The committee notes that energy security is a key component
of national security. However, the committee is aware of the
challenges posed to military readiness created by wind turbine
radar interference. The committee is concerned that without
mitigation, these challenges can lead to lost opportunities for
compatible development of a clean, renewable energy source
without any accompanying detriment to military readiness.
Fortunately, the committee is also aware of substantial
progress in the development of technological solutions
including infill radar systems that are delivering promising
results mitigating the impact of wind turbine radar
interference on the Department of Defense's air traffic control
radar infrastructure. Consequently, the committee encourages
the Department of Defense to prioritize the development,
analysis, and certification of radar infill data solutions to
improve mission readiness and enable wind energy development to
promote energy security.
Other Matters
Briefing on Progress of Cleanup Actions Related to Department of
Defense-Caused Per- and Polyfluoroalkyl Substances Contamination
The committee remains concerned about the progress of
environmental remediation at sites contaminated with
perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid
(PFOA) caused by the Department of Defense. The committee
recognizes the concerns of communities impacted by this
contamination and their frustration with poor communication by
the Department. Accordingly, the committee directs the Under
Secretary of Defense for Acquisition and Sustainment to provide
a briefing not later than February 1, 2022, on the progress of
all ongoing environmental remediation actions to clean up PFOS-
and PFOA-contaminated sites. The briefing shall at a minimum
include the following:
(1) a list of contaminated sites by service;
(2) the status of environmental remediation at each site;
(3) for sites that have completed the preliminary
assessment or site inspection phase, the number that have been
assessed to require no further action and the justification for
this finding;
(4) for sites that have proceeded to the remedial
investigation or feasibility study phase, the timeline for
completion of this phase;
(5) for sites that have completed the remedial
investigation or feasibility study phase, a discussion of next
steps to include, where appropriate, the justification for a
finding that no further action is required;
(6) a discussion of any site where duly promulgated State
standards or regulations have been assessed as applicable or
relevant and appropriate requirements; and
(7) the means by which the Department is communicating with
community stakeholders about the progress of environmental
remediation actions.
Briefing on Southern Resident Killer Whale Interagency Working Group
The Committee notes the Southern Resident Killer Whales
(SRKW) are an important cultural symbol and environmental
linchpin in the Pacific Northwest.
The Committee is encouraged the Navy met with the US Coast
Guard (USCG) regarding future interagency cooperation in
developing measures to protect SRKWs. The Committee is also
encouraged the Navy and USCG are both eager to work together to
address SRKW monitoring and have set up an interagency working
group to understand and leverage each agency's capabilities to
enhance the protection of the SRKW.
The Committee directs the Deputy Assistant Secretary of the
Navy for Environment and Mission Readiness, in coordination
with the Director of Marine Transportation Systems and the
Senior Arctic Policy Advisor at the USCG, to brief members of
the House Armed Services Committee, not later than February 28,
2022, on the findings, goals and needed capabilities for the
Interagency Working Group to enhance the protection of the
SRKW.
Chemicals Used for Aircraft Rescue and Firefighting Operations at
Civilian and Joint Use Airport Operations
The committee recognizes the continuing work of the
Department of Defense on important environmental issues
relating to the use of Aqueous Film-Forming Foam (AFFF)
containing Per- and polyfluoroalkyl (PFAS) chemicals in
Aircraft Rescue and Fire Fighting (ARFF) operations at military
installations. This work includes environmental remediation and
research to develop an effective fire-fighting foam that does
not contain PFAS.
Therefore, the committee directs the Secretary of Defense
to submit a report to the congressional defense committees by
March 1, 2022. The report should address: the coordination
between the Department and the FAA with the Joint and Shared
Use civilian airports that depend on military-controlled
emergency response; the progress towards establishing a formal
consultation system to coordinate the review process and final
actions on PFAS-containing foam with the Joint and Shared Use
Airport operators; and the timeline for the Department of
Defense to issue directives on PFAS-containing foam.
Continuing Foreign Language Education
The committee recognizes the importance of providing
ongoing foreign language instruction to maintain linguists'
highly perishable skills after they transition from education
or training settings to operational environments. In addition,
given the importance of frequently updating language and
cultural awareness training content, it is also critical that
the Department of Defense monitor the quality and suitability
of its post-schoolhouse language training programs and
establish metrics to ensure training effectiveness. Therefore,
the committee directs the Under Secretary of Defense for
Personnel and Readiness to submit a report to the House
Committee on Armed Services, not later than March 1, 2022, that
includes the following:
(1) a summary of the Department's in-person and virtual
offerings for language professionals to sustain their
proficiency, including information on these platforms' online
and mobile accessibility;
(2) a description of the Department's utilization of both
organic and commercially available advanced foreign language
tools;
(3) a description of the extent to which the Department's
current tools and programs include multimedia content,
including video, audio, print, and interactive features; and
(4) information on the oversight and management of these
programs, including an assessment of the necessity and
feasibility of establishing an executive agent for continued
foreign language education.
Feasibility and Relative Toxicity of Bio-Based Corrosion Control
The committee commends the Department of Defense on its
research and analysis of the feasibility of incorporating
domestically manufactured, bio-based chemicals for corrosion
control. The committee is aware that corrosion is a significant
problem for the Department of Defense and that some estimate
the cost of addressing corrosion to be approximately $20
billion a year department-wide. The committee is concerned
about the toxicity of many of the widely used corrosion control
and mitigation measures. The committee is also concerned that
many of the currently used phosphate-based chemicals are not
produced domestically creating further risk both to the
maintenance of weapon systems and equipment and to the
environment due to a lack of regulatory controls in the nations
in which they are produced. The committee is aware that the
field of synthetic biology continues to advance, and that
domestic producers are developing innovative corrosion control
formulations that may provide safer, domestically produced
alternatives. The committee encourages the Department to
continue testing these formulations for efficacy and to
determine relative ecotoxicity, with the goal of identifying
safer corrosion control options that meet the Department's
requirements.
Fire Detection and Monitoring
The committee is aware of Department of Defense efforts to
assist states in the initial detection and monitoring of
wildfires through a pilot program known as FireGuard. In recent
years, wildfires have burned millions of acres, causing
economic damage and the displacement of thousands of people.
The committee is also aware that this pilot program requires
Department of Defense to extend it incrementally rather than
providing long term authorization, and of the Department of
Defense's efforts to transition the program to the National
Interagency Fire Center (NIFC). If the Department executes its
transition, the committee is concerned about maintaining the
continuity of operations of this critical resource and whether
Department-provided resources and support will be made
available to the NIFC to ensure a seamless transition.
Therefore, the committee directs the Secretary of Defense to
provide a briefing to the House Committee on Armed Services by
February 15, 2022, that will include at a minimum the
following:
(1) a history of the FireGuard program, examples of the
types of data it provides, and how that data is ultimately used
by states and interagency partners;
(2) a full review of what resources may or may not be
transferred from the FireGuard program to the National
Interagency Fire Center to ensure continuity of operations and
why; and
(3) an assessment of what other resources could be made
available to the States to assist in the detection and
monitoring of wildfires.
Planning Tool for Assessing Drought, Water Scarcity, and Fire Risk
The committee shares the Department of Defense's view that
climate change represents a significant concern for military
readiness. The committee notes that since 2010, the Secretary
of Defense has acknowledged that a changing climate has a
dramatic effect on military missions, plans, and installations.
The committee is concerned about increasing incidents of
flooding, drought, wildfires, and extreme weather events and
their effects on military installations. In addition, the
committee notes that combatant commanders, allies, and
coalition partners have been forced to conduct operations that
result from instability in societies strained by
desertification and the demands for humanitarian assistance
worldwide. The committee is also concerned about the potential
for instability around the globe in societies impacted by the
intersection of drought, health, water scarcity, food
insecurity, and national security. The committee is aware that
drought conditions have the potential to create vulnerabilities
or ``hot spots'' that could require an armed response.
The committee commends the Air Force Weather Agency for
initiating a program to develop a global early warning drought
indicator in fiscal year 2021 that could be used to inform
climate change considerations in policy activities and risk
assessments to mitigate these drivers of insecurity. The
committee understands that the program leverages existing
infrastructure and platforms developed by other Federal
partners to address emerging national security concerns through
machine learning and big data analytics. This program fuses
climate, hydrologic, biophysical, and vegetation conditions
with social and economic risk and vulnerability factors to
create a global drought early warning system for use by
combatant commanders, military services, and the intelligence
community to predict global ``hot spots'' and potentially
reduce the need for armed conflict. The committee encourages
the Air Force to continue its support and development of this
tool.
Reducing the Risk of Flash Fire
The committee is aware of the ongoing risks of flash fire
to members of the Armed Forces and National Guard and
encourages the implementation of enhanced protections against
this significant category of injury. The committee directs the
Secretary of Defense to submit a report to the House Committee
on Armed Services by February 1, 2022, on the risk of flash
fire to members of the Armed Forces and National Guard of the
United States which shall include at a minimum:
(1) an assessment of the risk to members of the Armed
Forces and National Guard presented by flash fire in combat and
non-combat operations;
(2) a review of existing criteria for determining in what
circumstances combat uniforms of the Armed Forces and National
Guard are required to be flame-resistant;
(3) the potential benefits of flame-resistant combat
uniforms on operational safety and force protection; and
(4) plans for enhancing protections for members of the
Armed Forces and National Guard against flash fire.
Report on Existing Use of Virtual Reality Technology in Hard Skills and
Soft Skills Training
The Committee recognizes the rapid advance in the
capability of virtual reality (VR) and augmented reality (AR)
systems, and notes their commercial adoption in training
programs for activities such as aircraft maintenance, aircraft
operations, and advanced pilot education. The committee
believes that adoption of VR and AR technologies in the
activities of the Department of Defense promises to produce
favorable impacts in readiness, cost effectiveness,
productivity, and availability. Therefore, the committee
directs the Secretary of Defense to provide a report to the
House Armed Services Committee not later than March 30, 2022,
that includes, at minimum, the following:
(1) An overview of the current level of adoption of
commercially-based VR and AR training platforms throughout the
Department of Defense;
(2) The impacts to readiness observed to be associated with
VR and AR adoption, including cost effectiveness, productivity,
availability, access, adaptability, and end user satisfaction;
(3) Currently planned additional deployments of
commercially-based VR and AR training capabilities, including
those associated with major acquisition programs;
(4) The possible utility of commercially available VR and
AR platforms to support additional Department of Defense
training activities, including but not limited to aircraft
maintenance, aircraft operations, advanced pilot education,
sexual assault prevention, and suicide prevention; and
(5) Such other information as the Secretary deems
appropriate.
Report on Incorporation of Disinfecting Technologies Like
Antimicrobial, Antiviral, Antifungal in Department of Defense Issued
Clothing and Individual Equipment
The committee remains concerned about the threat of
transmission of infectious diseases among Department of Defense
(DoD) personnel in training and deployed due to the ongoing
worldwide pandemic. The committee understands DoD has developed
and executed processes and procedures to mitigate the
pandemic's impact on the readiness of our military and its
ability to execute its peacetime and wartime missions. However,
the committee is not aware of any efforts currently being
developed to incorporate antimicrobial and antiviral technology
in the manufacturing of DoD issued clothing and individual
equipment.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the House Committee on Armed Services
by March 1, 2022, on current efforts, effectiveness, and
feasibility of including antimicrobial and antiviral technology
in the manufacturing of DoD issued clothing and individual
equipment. The report will include at a minimum:
(1) assessment of infectious diseases that could be
mitigated by incorporating disinfection technologies into DoD
issued clothing and equipment;
(2) a detailed description of the current use of
disinfection technologies in the manufacturing of DoD issued
clothing and individual equipment;
(3) identification of existing textile based disinfection
technologies including environmentally friendly solutions that
could be utilized in DoD issued clothing and individual
equipment;
(4) assessment of the effectiveness of incorporating
disinfection technologies into DoD issued clothing and
individual equipment;
(5) proposed strategy and the timeline for incorporating
such disinfection technology into the production of DoD issued
clothing and individual equipment in order to better protect
the health of our Service Members; and
(6) a cost assessment of incorporating disinfecting
technologies into DoD issued clothing and individual equipment.
Report on the Status of PFAS Remediation
The committee recognizes the Department's efforts to test
for and plan for the remediation of perfluoroalkyl substances
and polyfluoroalkyl substances (PFAS) at and around military
installations. However, the committee is concerned that many
service members, military families, and nearby communities
remain at risk of PFAS exposure. The committee notes that rapid
remediation of PFAS is critical to safeguarding the health of
military and nearby communities. Therefore, the Committee
directs the Secretary of Defense to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives by March 1, 2022, detailing a proposed schedule
for the completion of remediation of PFAS at military
installations, formerly used defense sites, and State-owned
National Guard facilities in the United States and the
associated cost estimates to perform such remediation. The
committee further directs the Secretary of Defense to identify
the status of efforts to remediate PFAS at the following sites
in the report:
(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--Reno, 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--Des Moines, Iowa.
(50) Stewart Air National Guard Base, New York.
Research and Development of New and Emerging Technologies for the
Remediation and Disposal of PFAS
The committee commends the Defense Strategic Environmental
Research and Development Program and Environmental Security
Technology Certification Program for their work on the research
and development of new technologies to aid in the environmental
remediation of soils and water contaminated with per- and
polyfluoroalkyl substances (PFAS), and the safe disposal of
aqueous film-forming foam and other PFAS-contaminated items.
However, the committee is aware that there is still significant
work to be done in the development and field-testing of these
technologies. Accordingly, the committee directs the Under
Secretary of Defense for Acquisition and Sustainment to provide
a briefing to the House Committee on Armed Services by February
1, 2022, on its continuing efforts to develop and field
remediation and disposal technologies to address PFAS
contamination. The briefing shall at a minimum address the
following:
(1) a description of completed and ongoing work in PFAS
sampling and analysis technologies;
(2) a description of completed and ongoing work in in situ
and ex situ treatment for PFAS to include work or planned work
in the following areas: super-critical water oxidation
technology, granulated active carbon filter alternatives, and
thermal destruction; and
(3) a description of completed and ongoing work on
incineration alternatives for disposal to include non-thermal
plasma technologies, various thermal and hydrothermal
technologies, chemical and photo/electric reduction
technologies, and electron beam technologies.
Study and Report to Congress on DoD Logistics and Potential Benefits of
Carsharing
The Committee is interested in enabling and incentivizing
servicemembers (especially when deployed) to share their car(s)
or use a shared car through a peer-to-peer carsharing platform,
creating an economic opportunity for car owning servicemembers
and providing a key mobility option for those servicemembers
and dependents in need of a car. The primary advantage to the
warfighter is that the expense of a depreciating asset can be
monetized while deployed. Costs of storage should also be
reduced for DoD.
Peer-to-peer (P2P) carsharing is the authorized use of a
vehicle by an individual other than the vehicle's owner through
a peer-to-peer carsharing platform, which is a business that
connects vehicle owners with drivers to enable the sharing of
vehicles for financial consideration. P2P carsharing is
distinct from rental car or rental activity.
P2P carsharing is an alternative to personal car ownership.
Instead of owning a vehicle, by using a smartphone application
(app) and an online marketplace, users have access to cars
shared by private owners that they can use to run errands,
commute to work, or enjoy a road trip. Many shared cars are
available by the hour or day 24/7, and can be more conveniently
located than other forms of transportation. P2P carsharing is
increasing in popularity among Americans.
Some P2P carsharing platforms require that an individual
manually provide the car keys to the user so that the user may
unlock and drive the car. Other platforms use in-car technology
to enable the user to unlock the car using a smartphone to
access keys inside, without meeting anyone in person. It is
anticipated that forthcoming technological developments will
enable a user to unlock and drive the shared car using a
smartphone and a carsharing app, without a traditional car key.
Studies have also shown that P2P carsharing benefits the
environment by reducing car ownership and increases use of mass
transit, buses, bikes, and other alternative transportation
options because car sharers are less likely to use their own
personal vehicle for all trips. Further studies have shown that
P2P carsharing can economically assist individuals by
contributing additional income to their household.
The Committee directs the Secretary of Defense to study the
logistics and potential benefits of P2P carsharing, including:
(1) Personal car ownership, including selling one's car or
not purchasing a car in the first place, potentially reducing
opportunities for predatory lending occurrences.
(2) Benefits to the deployed warfighter
(3) Reduction of greenhouse gas (GHG) emissions
(4) Benefits to spouses and dependents (i.e., economic
revenue and expense reduction, such as not having to purchase a
second car)
(5) Mode shift away from using one's own automobile to
other transportation options
The study should also consider the equity and economic
impacts on users of having access to a shared car, as well how
participation would impact car depreciation. The Department
shall report back to the Committee not later than April 1,
2022.
Sufficiency of Current Special Operations Force Language Capabilities
to Meet Great Power Competition Challenges
The shift in focus by the Department of Defense on
strategic competition with near-peer adversaries necessitates a
force that is not simply proficient in foreign languages such
as Chinese and Russian, but also regional dialects and the
languages of relevant foreign partners. Proficiency and
sufficiency of foreign language skills are a necessity for the
joint force to conduct irregular warfare (IW), and the
Department must maintain an expandable baseline level of
institutional readiness, to include that of foreign language
proficiency, to meet the full range of enduring IW
requirements. While the conduct of IW is a whole-of-government
effort in which the Department plays an important role, U.S.
Special Operations Forces (USSOF) are an integral part of those
military activities carried out below the level of armed
conflict and therefore must maintain a high degree of
proficiency in those languages critical to enable strategic
competition.
The committee is concerned that the last two decades of
combatting violent extremism has impacted USSOF's ability to
access and participate in foreign language training and thus
led to an atrophy of such skills across the formation. Further,
the committee is aware that foreign language readiness of the
formation is an element that is not well documented nor
assessed.
Therefore, the committee directs the Comptroller General of
the United States to conduct a review of the foreign language
skills of special operations forces. The review shall assess:
(1) the required number of SOF personnel trained and
proficient in foreign languages;
(2) the current number of SOF personnel trained and
proficient in foreign languages;
(3) the distribution of SOF personnel with language skills
by military occupational specialty;
(4) the ways in which proficiency of foreign languages is
determined;
(5) the accessibility of such foreign language programs by
SOF personnel;
(6) how the Department determines the sufficiency of
existing foreign language training, education, and testing
programs to address current and emergent threats;
(7) any gaps in foreign language readiness to include
specific shortfalls in critical languages and mitigations to
address those gaps; and
(8) any other areas the Comptroller General deems
appropriate.
The committee directs the Comptroller General to provide a
briefing to the House Committee on Armed Services by March 4,
2022, on the initial findings and to submit a final report on a
date agreed to at the time of the briefing.
Waikoloa Maneuver Area
The committee is aware that Waikoloa Maneuver Area is a
formerly used defense site on the island of Hawaii that extends
to over 100,000 acres on the northwest side of the island. The
committee notes that two surface cleanup actions were taken
shortly after the end of the Second World War to clean up
unexploded ordnance and that additional contracts have been
completed to clear areas planned for development. The United
States Army Corps of Engineers has assessed certain areas of
the site as moderate to high risk areas. To date, 28,000 acres
have been cleared. The committee is concerned that munitions
continue to be found on the site, and that there has not been
sufficient progress in clearing areas planned for development.
Accordingly, the committee directs the Assistant Secretary of
Defense for Energy, Installations, and Environment to provide a
report to the House Committee on Armed Services by February 1,
2022, that shall include at a minimum the following:
(1) an updated estimate for the cost to complete the
investigation, cleanup, and long-term monitoring of the site;
(2) a prioritized timeline and plan for cleaning up the
areas of the site planned for industrial or agricultural, and
other development;
(3) a description of ongoing communication efforts with
community stakeholders on the progress and future plans for
cleanup; and
(4) the status of current and planned contract awards for
remaining investigation and cleanup work.
Water Banking to Support Installation Resiliency
The committee is concerned about the threat of drought and
water insecurity, particularly for military installations in
the western United States that are wholly or in part west of
the Continental Divide. The committee contends that resiliency
planning, particularly installation resiliency master planning,
must be a key priority for the military departments to ensure
that wise investments are made to ensure efficient management
and storage of this resource and to model future requirements.
Accordingly, the committee directs the Secretary of Defense to
submit a report to the House Committee on Armed Services not
later than April 1, 2022, that shall at a minimum contain the
following:
(1) the results of a survey of water resources in the
western United States providing water to military
installations;
(2) the amount of water purchased on behalf of military
installations in the western United States by the Department
annually;
(3) a description of how such water (total) is stored and
by what means (surface, subsurface, or by other means) by
military installations;
(4) the amount of such purchased water that is stored as
emergency reserve for the installation;
(5) risk factors that could contribute to the loss of such
purchased water resources;
(6) a discussion of alternative storage methods that could
provide additional resiliency; and
(7) the potential for regional transfers of purchased water
to mitigate water insecurity or achieve resiliency.
LEGISLATIVE PROVISIONS
Subtitle A--Authorization of Appropriations
Section 301--Authorization of Appropriations
This section would authorize appropriations for operation
and maintenance activities at the levels identified in section
4301 of division D of this Act.
Subtitle B--Energy and Environment
Section 311--Inclusion of Impacts on Military Installation Resilience
in the National Defense Strategy and Associated Documents
This section would require the Secretary of Defense and the
Secretaries of the military departments to incorporate
consideration of the risks related to installation resilience
in certain strategies of the Department of Defense.
Section 312--Modification of Authorities Governing Cultural and
Conservation Activities of the Department of Defense
This section would amend section 2694 of title 10, United
States Code, to include Sentinel Landscapes and encourage the
establishment of an interagency Sentinel Landscape Partnership.
Section 313--Modification of Authority for Environmental Restoration
Projects of National Guard
This section would amend section 2707 of title 10, United
States Code, to allow the National Guard to access Defense
Environmental Restoration Programs funds.
Section 314--Prohibition on Use of Open-Air Burn Pits in Contingency
Operations outside the United States
This section would prohibit the use of open-air burn pits
during overseas contingency operations unless an exemption is
issued by the President of the United States for a particular
location. Thirty days after an exemption is granted, the
President would be required to submit a report to Congress
detailing the location, size, duration, and need of the burn
pit; the number of personnel assigned to the location; and the
personal protective equipment or other methods that will be
used by those personnel to mitigate the health effects of said
pit.
Section 315--Maintenance of Current Analytical Tools for Evaluation of
Energy Resilience Measures
This section would require the Department of Defense to
implement a process to ensure that it is using accurate and
effective tools for analyzing cost and performance of energy
resiliency measures.
Section 316--Energy Efficiency Targets for Department of Defense Data
Centers
This section would require the Department of Defense to
assess its current inventory of data centers and set energy and
water targets for certain centers.
Section 317--Modification of Restriction on Department of Defense
Procurement of Certain Items Containing Perfluorooctane Sulfonate or
Perfluorooctanoic Acid
This section would amend section 333 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) and restrict the Department of
Defense from procuring certain items containing perfluoroalkyl
or polyfluoroalkyl substances.
Section 318--Temporary Moratorium on Incineration by Department of
Defense of Perfluoroalkyl Substances, Polyfluoroalkyl Substances, and
Aqueous Film Forming Foam
This section would require the Department of Defense to
institute a moratorium on incineration of materials containing
or contaminated by perfluoroalkyl substances, polyfluoroalkyl
substances, or aqueous film forming foam until the Secretary of
Defense certifies that the Department has implemented the
Environmental Protection Agency's guidance for disposal.
Section 319--Public Disclosure of Results of Department of Defense
Testing of Water for Perfluoroalkyl or Polyfluoroalkyl Substances
This section would require the Department of Defense to
publicly disclose the results of testing for perfluoroalkyl or
polyfluoroalkyl substances on military installations or
formerly used defense sites.
Section 320--PFAS Testing Requirements
This section would require the Secretary of Defense to
complete preliminary assessment and site inspection for PFAS at
all military installations, formerly used defense sites, and
State-owned facilities of the National Guard within the United
States.
Section 321--Standards for Response Actions with Respect to PFAS
Contamination
This section would require the Secretary of Defense to meet
or exceed the most stringent standards between an enforceable
State standard under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), an
enforceable Federal standard under CERCLA, or a health advisory
under the Safe Drinking Water Act when performing removal or
remediation actions of PFOS or PFOA contamination from
Department of Defense or National Guard activities found in
drinking water or in groundwater that is not currently used for
drinking water.
Section 322--Review and Guidance Relating to Prevention and Mitigation
of Spills of Aqueous Film-Forming Foam
This section would require the Secretary of Defense to
promulgate guidance on the prevention and mitigation of spills
of aqueous film-forming foam within 180 days of the date of the
enactment of this Act.
Section 323--Budget Information for Alternatives to Burn Pits
This section would require the Secretary of Defense to
include a budget line item for alternatives to burn pits.
Section 324--Establishment of Emissions Control Standard Operating
Procedures
This section would require the Secretary of Defense to
conduct a review of electromagnetic spectrum emissions control
(EMCON) standard operating procedures. It would further mandate
that each military department establish standard operating
procedures for EMCON. In addition, it would require a report
within 1 year on the Department of Defense's implementation of
these provisions.
Section 325--Long-Duration Demonstration Initiative and Joint Program
This section would require the Department of Defense to
establish a demonstration program with the Department of Energy
with the aim of developing long-duration energy storage
technologies.
Section 326--Pilot Program on Use of Sustainable Aviation Fuel
This section would require the Department of Defense to
conduct a pilot program on the use of 10 percent blend
sustainable aviation fuel at two geographically diverse
locations by 2028.
Section 327--Joint Department of Defense and Department of Agriculture
Study on Bioremediation of PFAS Using Mycological Organic Matter
This section would require the Secretary of Defense and the
Secretary of Agriculture to jointly carry out a study on
bioremediation of PFAS using mycological organic matter.
Subtitle C--Logistics and Sustainment
Section 341--Mitigation of Contested Logistics Challenges of the
Department of Defense through Reduction of Operational Energy Demand
This section would require the Department of Defense to
establish a contested logistics working group for the purpose
of mitigating energy-related contested logistics challenges.
Section 342--Global Bulk Fuel Management and Delivery
This section would amend subchapter 3 of chapter 173 of
title 10, United States Code, by adding a new section that
would direct the Secretary of Defense to designate a combatant
command to be responsible for global bulk fuel management and
delivery. This section also would direct a strategy on global
bulk fuel management and delivery.
Section 343--Comptroller General Annual Reviews of F-35 Sustainment
Efforts
This section would direct the Comptroller General of the
United States to conduct an annual review of F-35 sustainment
efforts, provide annual briefings to the House Committee on
Armed Services not later than March 1 of each year of 2022,
2023, 2024, and 2025, and annual reports at a time agreed upon
by the Comptroller General and the House Committee on Armed
Services.
Section 344--Pilot Program on Biobased Corrosion Control and Mitigation
This section would require the Secretary of Defense to
create a 1-year pilot program to test the use of covered
biobased solutions as alternatives to current solutions for the
control and mitigation of corrosion. Upon completion of the
pilot program, the Secretary shall develop recommendations for
deployment throughout the Department.
Section 345--Pilot Program on Digital Optimization of Organic
Industrial Base Maintenance and Repair Operations
This section would require that the Secretary of Defense
initiate a pilot program under which the Secretary shall
provide for the digitization of the facilities and operations
of at least one government-owned and operated military depot.
Section 346--Pilot Program on Implementation of Mitigating Actions to
Address Vulnerabilities to Critical Defense Facilities and Associated
Defense Critical Electric Infrastructure
This section would authorize the Secretary of Defense in
coordination with the Secretary of Energy to conduct a pilot
program to mitigate vulnerabilities in defense critical
electric infrastructure.
Section 347--Report and Certification Requirements regarding
Sustainment Costs for F-35 Aircraft Program
This section would require a report and certification
regarding F-35 program sustainment costs, and would prohibit
the Secretary of Defense from entering into a Performance-Based
Logistics sustainment contract before certifying that the
program met sustainment cost reduction metrics and that the
contract would further reduce sustainment costs.
Subtitle D--Risk Mitigation and Safety Improvement
Section 351--Treatment of Notice of Presumed Risk Issued by Military
Aviation and Installation Assurance Clearinghouse for Review of Mission
Obstructions
This section would amend section 183a of title 10, United
States Code, to clarify the treatment of notices of presumed
risk.
Section 352--Establishment of Joint Safety Council
This section would amend chapter 7 of title 10, United
States Code, to establish a Joint Safety Council within the
Office of the Deputy Secretary of Defense.
Section 353--Mishap Investigation Review Board
This section would direct the Deputy Secretary of Defense
to develop a proposal for the establishment of a Mishap
Investigation Review Board to provide oversight and independent
review of safety and legal mishap investigations.
Section 354--Implementation of Comptroller General Recommendations on
Preventing Tactical Vehicle Training Accidents
This section would require the Secretaries of the Army and
Marine Corps to develop a plan to address the recommendations
contained in the Comptroller General report entitled ``Army and
Marine Corps Should Take Additional Actions to Mitigate and
Prevent Training Accidents.''
Section 355--Pilot Program for Tactical Vehicle Safety Data Collection
This section would require the Secretary of the Army and
the Secretary of the Navy to carry out a pilot program to
evaluate the feasibility of using data recorders to monitor,
assess, and improve the readiness and safety of military
tactical vehicles.
Subtitle E--Reports
Section 361--Inclusion of Information regarding Borrowed Military
Manpower in Readiness Reports
This section would amend section 482 of title 10, United
States Code, to require that semiannual readiness reports to
Congress include information on the extent to which service
members are diverted to perform functions previously performed
by civilian employees or contractors.
Section 362--Annual Report on Missing, Lost, and Stolen Weapons, Large
Amounts of Ammunition, Destructive Devices, and Explosive Material
This section would add the Bureau of Alcohol, Tobacco,
Firearms and Explosives to an existing reporting requirement
and adds an annual report to Congress on missing, lost, or
stolen weapons, large amounts of ammunition, destructive
devices, and explosive material for the previous year.
Section 363--Annual Report on Material Readiness of Navy Ships
This section would amend section 8674 of title 10, United
States Code, to make permanent the requirement for an annual
report to the congressional defense committees on the material
readiness of Navy ships.
Section 364--Strategy and Annual Report on Critical Language
Proficiency of Special Operations Forces
This section would require the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict (ASD
SO/LIC), in coordination with the Commander, U.S. Special
Operations Command, to prepare a 5-year strategy on current and
planned efforts to recruit, select, and train special
operations forces (SOF) in critical languages relevant to
strategic competition. Further, this section would also direct
ASD SOLIC to submit an annual report on the assessed
proficiency of SOF in those critical languages, due not later
than 1 year after the submission of the strategy.
Section 365--Report and Briefing on Approach for Certain Properties
Affected by Noise from Military Flight Operations
This section would require the Secretary of Defense to
provide a briefing and report on the use and applicability of
the Air Installations Compatible Use Zones program to support
noise mitigation and insulation efforts.
Section 366--Study on Use of Military Resources to Transport Certain
Individuals and Effect on Military Readiness
This section would direct the Secretary of Defense to
conduct a study to determine the effect on readiness of using
Department of Defense resources to transport individuals who
have crossed the southern border of the United States without
authorization and submit a report to Congress on such study.
Subtitle F--Other Matters
Section 371--Budget Justification for Operation and Maintenance
This section would direct the Secretary of Defense, in
consultation with the Secretary of each military department, to
provide budget justification details for Operation and
Maintenance accounts, including information displayed by sub-
activity group, as detailed in the Future Years Defense
Program, as well as material readiness objectives and any
associated risks to the supply chain.
Section 372--Improvements and Clarifications Related to Military
Working Dogs
This section would amend section 2583 of title 10, United
States Code, and direct that retired military working dogs
shall be transferred without charge to the adoption recipients.
This section would also amend section 708 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) and direct the Joint Trauma Education and Training
Directorate to consider military working dogs and veterinary
services in its research and planning efforts.
Section 373--Management of Fatigue among Crew of Naval Surface Ships
and Related Improvements
This section would require the Secretary of the Navy to
implement the recommendations contained in the Comptroller
General of the United States report entitled ``Navy Readiness:
Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing
Shortfalls, and Implement Training.''
Section 374--Authority to Establish Center of Excellence for Radar
Systems and Complementary Workforce and Education Programs
This section would permit the Secretary of Defense to
establish a Center of Excellence to further the expertise of
the Department of Defense in the repair, sustainment, and
support of radar systems.
Section 375--Pilot Program on Military Working Dog and Explosives
Detection Canine Health and Excellence
This section would require the Secretary of Defense to
carry out a pilot program to ensure the health and excellence
of explosives detection military working dogs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
LEGISLATIVE PROVISIONS
Subtitle A--Active Forces
Section 401--End Strengths for Active Forces
This section would authorize the following end strengths
for Active Duty personnel of the Armed Forces as of September
30, 2022:
Sec. 401.
----------------------------------------------------------------------------------------------------------------
FY 2022 Change from
---------------------------------------------------
Service FY 2021 Committee
Authorized Request Recom- FY 2022 FY 2021
mendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army........................................... 485,900 485,000 485,000 0 -900
Navy........................................... 347,800 346,200 346,200 0 -1,600
USMC........................................... 181,200 178,500 178,500 0 -2,700
Air Force...................................... 333,475 328,300 328,300 0 -5,175
Space Force.................................... 6,434 8,400 8,400 0 1,966
----------------------------------------------------------------
DOD Total.................................... 1,354,809 1,346,400 1,346,400 0 -8,409
----------------------------------------------------------------------------------------------------------------
Section 402--Revisions in Permanent Active Duty End Strength Minimum
Levels
This section would establish new minimum Active Duty end
strengths for the Army, Navy, Marine Corps, Air Force, and
Space Force as of September 30, 2022. The committee recommends
485,000 as the minimum Active Duty end strength for the Army,
346,200 as the minimum Active Duty end strength for the Navy,
178,500 as the minimum Active Duty end strength for the Marine
Corps, 328,300 as the minimum Active Duty end strength for the
Air Force, and 8,400 as the minimum Active Duty end strength
for the Space Force.
Subtitle B--Reserve Forces
Section 411--End Strengths for Selected Reserve
This section would authorize the following end strengths
for Selected Reserve personnel, including the end strength for
Reserves on Active Duty in support of the Reserves, as of
September 30, 2022:
Sec. 411.
----------------------------------------------------------------------------------------------------------------
FY 2022 Change from
---------------------------------------------------
Service FY 2021 Committee
Authorized Request Recom- FY 2022 FY 2021
mendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............................ 336,500 336,000 336,000 0 -500
Army Reserve................................... 189,800 189,500 189,500 0 -300
Navy Reserve................................... 58,800 58,600 58,600 0 -200
Marine Corps Reserve........................... 38,500 36,800 36,800 0 -1,700
Air National Guard............................. 108,100 108,300 108,300 0 200
Air Force Reserve.............................. 70,300 70,300 70,300 0 0
----------------------------------------------------------------
DOD Total.................................... 802,000 799,500 799,500 0 -2,500
Coast Guard Reserve............................ 7,000 7,000 7,000 0 0
----------------------------------------------------------------------------------------------------------------
Section 412--End Strengths for Reserves on Active Duty in Support of
the Reserves
This section would authorize the following end strengths
for Reserves on Active Duty in support of the Reserves as of
September 30, 2022:
Sec. 412.
----------------------------------------------------------------------------------------------------------------
FY 2022 Change from
---------------------------------------------------
Service FY 2021 Committee
Authorized Request Recom- FY 2022 FY 2021
mendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............................ 30,595 30,845 30,845 0 250
Army Reserve................................... 16,511 16,511 16,511 0 0
Navy Reserve................................... 10,215 10,293 10,293 0 78
Marine Corps Reserve........................... 2,386 2,386 2,386 0 0
Air National Guard............................. 25,333 26,661 26,661 0 1,328
Air Force Reserve.............................. 5,256 6,003 6,003 0 747
----------------------------------------------------------------
DOD Total.................................... 90,296 92,699 92,699 0 2,403
----------------------------------------------------------------------------------------------------------------
Section 413--End Strengths for Military Technicians (Dual Status)
This section would authorize the following end strengths
for military technicians (dual status) as of September 30,
2022:
Sec. 413.
----------------------------------------------------------------------------------------------------------------
FY 2022 Change from
---------------------------------------------------
Service FY 2021 Committee
Authorized Request Recom- FY 2022 FY 2021
mendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............................ 22,294 22,294 22,294 0 0
Army Reserve................................... 6,492 6,492 6,492 0 0
Air National Guard............................. 10,994 9,885 9,885 0 -1,109
Air Force Reserve.............................. 7,947 7,111 7,111 0 -836
----------------------------------------------------------------
DOD Total.................................... 47,727 45,782 45,782 0 -1,945
----------------------------------------------------------------------------------------------------------------
Section 414--Maximum Number of Reserve Personnel Authorized To Be on
Active Duty for Operational Support
This section would authorize, as required by section 115(b)
of title 10, United States Code, the maximum number of Reserve
Component personnel who may be on Active Duty or full-time
National Guard duty during fiscal year 2022 to provide
operational support. The personnel authorized here do not count
against the end strengths authorized by section 401 or section
412 of this Act unless the duration on Active Duty exceeds the
limitations in section 115(b)(2) of title 10, United States
Code.
Sec. 414.
----------------------------------------------------------------------------------------------------------------
FY 2022 Change from
---------------------------------------------------
Service FY 2021 Committee
Authorized Request Recom- FY 2022 FY 2021
mendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............................ 17,000 17,000 17,000 0 0
Army Reserve................................... 13,000 13,000 13,000 0 0
Navy Reserve................................... 6,200 6,200 6,200 0 0
Marine Corps Reserve........................... 3,000 3,000 3,000 0 0
Air National Guard............................. 16,000 16,000 16,000 0 0
Air Force Reserve.............................. 14,000 14,000 14,000 0 0
----------------------------------------------------------------
DOD Total.................................... 69,200 69,200 69,200 0 0
----------------------------------------------------------------------------------------------------------------
Section 415--Accounting of Reserve Component Members Performing Active
Duty or Full-Time National Guard Duty Towards Authorized End Strengths
This section would amend the accounting of Reserve
Component members performing Active Duty or full-time National
Guard duty towards authorized end strengths from 1,095 days out
of 1,460 days to 1,825 days out of 2,190 days.
Subtitle C--Authorization of Appropriations
Section 421--Military Personnel
This section would authorize appropriations for military
personnel at the levels identified in the funding table in
section 4401 of division D of this Act.
TITLE V--MILITARY PERSONNEL POLICY
ITEMS OF SPECIAL INTEREST
Arlington National Cemetery Burial Policy
The committee is aware of upcoming changes in eligibility
for interment at Arlington National Cemetery. The committee is
concerned that veterans who previously qualified for in-ground
burials at Arlington National Cemetery will be forced to choose
between being cremated and being buried somewhere else. The
committee directs the Secretary of Defense, in coordination
with the Secretary of Veterans Affairs to submit a report to
congressional defense committees no later than March 1, 2022,
on potential locations of the next national cemetery.
Army Aviation Retention Study
The committee recognizes the importance of the United
States Army's aviation mission and corresponding need for
strong end strength. United States Army aviators have unique
skill sets and provide expertise critical to the service's
combat readiness. However, the committee is concerned about the
recruitment and retention of qualified pilots and aviation
crewmembers and the effect on the Army's ability to conduct
worldwide operations. The U.S. Army must work towards retaining
these personnel to avoid a shortage of experienced pilots with
the technical and tactical knowledge to maintain aviation
readiness.
Therefore, the committee directs the Secretary of the Army
to conduct a study and to provide a report to the House
Committee on Armed Services by December 31, 2021, on necessary
efforts to recruit and retain qualified pilots. The study and
report shall include information and recommendations based on,
but not limited to:
(1) barriers to successful recruitment of qualified pilots;
(2) the high operational tempo for Army pilots and its
effects on training and readiness, as well as effects on
military families;
(3) pay and bonus structures for Army pilots and aviation
Military Occupational Specialties;
(4) the length and structure of aviation contract
obligations; and
(5) existing retention tools outside of monetary bonuses
such as improved quality of life initiatives.
Artificial Intelligence and Personnel Talent Management
The committee recognizes the significant resources that all
of the services spend in recruiting and retaining talent across
their respective enterprises. The committee is aware of
capability gaps within the military services in properly
identifying the skills and necessary attributes of personnel to
optimize their talent pools. Further, the committee
acknowledges that artificial intelligence (AI) and other data
science innovations can help better align individuals' skills
to service requirements with predictable successful outcomes,
measured through job performance and retention. The committee
recognizes that AI can also improve talent management by
creating a rich repository of data that can be used to build a
more holistic view of skills obtained throughout a career in
military service. The committee believes that the technology
can improve force readiness by enhancing recruitment efficiency
and increasing retention. Ensuring that military service
members are identified for the right missions based on a
critical combination of skills and experience will optimize
performance and increase mission success. The committee urges
the Army and other services to support increased AI investment
for talent management and acquisition.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the Committee on Armed Services of the
House of Representatives not later than February 1, 2022, on
how each of the military services are leveraging commercially
available AI platforms that are designed to accurately predict
human outcomes and radically improve talent management.
Award of the Prisoner of War Medal
The committee notes the unequal treatment of applicants
across the services for award of the Prisoner of War Medal
under section 1128(b) of title 10, United States Code, as
amended by the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239). The Department of the Army
specifically has interpreted the statutory requirements in such
a narrow way as to block seemingly obvious cases of
eligibility, whereas the other service secretaries have
implemented the requirements for the award in a much more
discretionary fashion as was intended. The committee also
understands that not all services have established clear
processes for how service members or their next of kin might
apply for the Prisoner of War Medal under the provisions of
section 1128(b) of title 10, United States Code. The committee
encourages the Department of Defense to mandate the sharing of
best practices of award criteria across the services.
Therefore, the committee directs the Secretaries of the
military departments to provide a briefing to the Committee on
Armed Services of the House of Representatives not later than
March 1, 2022, on the details of the process and criteria by
which they consider the award of the Prisoner of War Medal
under section 1128(b) of title 10, United States Code.
Briefing on Efforts of Extremist Organizations to Recruit Members of
the Armed Forces
The committee directs the Secretary of Defense to provide a
briefing not later than March 1, 2022 to the Congressional
Defense Committees on all studies, including status reports and
initial findings from any ongoing studies, regarding the
efforts of extremist organizations to recruit members of the
Armed forces (including the reserve components).
Within 180 days of providing this briefing, and provided
that the Department of Defense concludes that extremist
organizations are attempting to recruit members of the armed
forces, the Secretary of Defense shall provide a follow-on
briefing to the Congressional Defense Committees regarding how
the Department is addressing this threat.
Briefing on Implementation of U.S. Special Operations Command Diversity
and Inclusion Strategic Plan
The committee notes the 1999 RAND study on barriers to
minority participation in special operations forces. The
committee also understands that the U.S. Special Operations
Command struggles to build and maintain a diverse and inclusive
force. Therefore, the committee directs the Secretary of
Defense, in coordination with the Commander, U.S. Special
Operations Command, to provide a briefing to the Committee on
Armed Services of the House of Representatives, not later than
April 1, 2022, to address the following: (1) the specific tools
and metrics devised to evaluate the diversity and inclusivity
of recruiting within the special operations community; (2) the
potential cultural barriers that may prevent those with diverse
backgrounds from serving in the special operations community
and possible solutions; and (3) whether the special operations
community is measuring the right data points to ensure combat
effectiveness, and if not, what data points should be measured.
The briefing shall include implementation efforts and the
milestones to fully realize the Diversity and Inclusion
Strategic Plan 2021.
Career Intermission Program Evaluation
The committee is concerned about the perceived or real
barriers to service members using the Career Intermission
Program to its full potential to benefit service member career
choices. Therefore, the committee directs the Secretary of
Defense to provide a briefing to the Committee on Armed
Services of the House of Representatives not later than
February 1, 2022, on the utilization rate of the Career
Intermission Program, disaggregated by gender, and the barriers
perceived by service members, such as promotion opportunity,
that would make them hesitate to use the program.
Comptroller General Review of Navy Ship Manning
The committee notes the Navy's efforts to accurately
calculate manpower requirements for surface ships and improve
shipboard manning since the fatal ship collisions in 2017.
However, as the Government Accountability Office (GAO) reported
in May 2021, the Navy's surface fleet manning shortfalls have
grown from 6 percent in September 2016 to 15 percent in
September 2020 (GAO-21-366). The committee is concerned that
these growing shortfalls are likely contributing to the lack of
sleep and extensive fatigue also reported by the GAO, creating
unsafe and ineffective operating conditions in the surface
fleet. The committee is also concerned that the Navy has not
historically authorized billets to required levels. Therefore,
the committee directs the Comptroller General of the United
States to assess Navy ship manning. The assessment shall
include:
(1) the Navy's process for determining the number of
authorized billets to meet ship manpower requirements;
(2) the extent to which qualified personnel have been
assigned to required billets (referred to as ``fit'');
(3) the extent to which the Navy is manning ships to
required levels; and
(4) any other related matters the Comptroller General
considers appropriate.
The committee further directs the Comptroller General to
provide a briefing to the House Committee on Armed Services by
April 1, 2022, on preliminary findings and present final
results in a format and timeframe agreed to at the briefing.
Defense Prisoner of War and Missing in Action Accounting Agency
Forensic Laboratory
The committee acknowledges the important work of the
Defense Prisoner of War and Missing in Action Accounting Agency
(DPAA) in its mission to provide the fullest possible
accounting of personnel missing from past conflicts to their
families and the nation. The committee congratulates the Agency
for its recent success in the return of remains of sailors and
Marines aboard the USS Oklahoma who perished during the attack
on Pearl Harbor. In particular, the committee commends the
exceptional work of the Agency's laboratory personnel at Offutt
Air Force Base who, in collaboration with the University of
Nebraska-Omaha, performed analyses of more than 13,000 bones
and identified 351 individuals from the USS Oklahoma.
The committee observes that the Agency's forensic
laboratory is currently located in Building 301D on Offutt Air
Force Base, an aging facility that also hosts several other
missions. The committee notes the historic role of Building
301D as the Martin Bomber Plant during the Second World War and
is aware of its more recent utilization as a temporary swing
space following the 2019 floods that displaced numerous units
and missions on the installation. However, given the age and
condition of Building 301D, the committee has concerns
regarding the structural integrity, environmental impact,
safety, and long-term viability of this facility.
Based on the continuing deterioration of Building 301D, the
committee urges the Department of Defense to accelerate
planning for the construction and relocation of the Agency's
laboratory to a more permanent and purpose-built facility.
Therefore, the committee directs the Secretary of Defense to
brief the House Committee on Armed Services by March 1, 2022,
on the status of planning for a new facility adjacent to Offutt
Air Force Base to house the Defense POW/MIA Accounting Agency's
forensic laboratory.
Demographics of Drug Testing and Evaluation Programs
The committee is aware of data collected by the Department
regarding demographics of the drug testing and evaluation
programs of the Armed Forces, including as set forth in the
report of the Inspector General of the Air Force titled
``Report of Inquiry (S8918P), Independent Racial Disparity
Review,'' and dated December 2020. The committee is concerned
with the racial disparities found in the report regarding
random drug test selection, including significant over
representation in the random drug test selection of non-
commissioned officers and field grade officers and a consistent
and statistically relevant over representation of Black service
members overall from fiscal year 2015 to fiscal year 2019. The
committee further notes a higher positive test rate amongst
service members of color and a standard course of action upon a
positive test to administratively separate such personnel.
Therefore, the committee directs the Secretary of Defense,
in coordination with the Secretaries of the military
departments, to provide a report to the House Committee on
Armed Services by March 1, 2022, on the feasibility of
implementing standard demographic reporting of the drug testing
and evaluation programs of each armed force, to include
collecting demographics on random test selection, availability
for random testing, results of random testing, referrals to
investigation, and any other relevant stages of the testing and
evaluation program; changes to the program necessary to
implement such data collection; impediments to implementing
such changes; potential options for mitigating such
impediments; and a schedule, including specific milestones, in
which the establishment of such standard demographic reporting
could be executed.
Enhancing Readiness to Department of Defense Workforce through
Technology
The committee notes with grave concern the myriad of issues
facing the Department's workforce. From recent reports of fraud
associated with privatized military housing contracts and
maintenance to sexual assault and other issues in the ranks.
The committee believes the Secretary of Defense must
systematically address these workforce issues at the
enterprise-level.
As the 2021 Interim Strategic Guidance notes, ``for our
national security strategy to be effective, it is essential to
invest in our national security workforce . . .'' The committee
believes the Department can better leverage new and emerging
technology to understand the challenges in the Department's
workforce. The committee notes technology, such as survey tools
powered by artificial intelligence, have been in use within the
Department of Defense, including the U.S. Air Force, the U.S.
Army Training and Doctrine Command, the Defense
Counterintelligence and Security Agency, the Defense
Intelligence Agency, the National Aeronautics and Space
Administration, and the Joint Artificial Intelligence Center to
better understand organizational and workforce challenges. The
committee believes such a capability would capture individual
inputs and perspectives at scale--thereby providing insight and
early warning of systematic issues facing the Department's
workforce and enabling actionable information on what to work
on, with whom, and why.
Therefore, the committee directs the Secretary of Defense
to submit a report to the congressional defense committees, no
later than March 1, 2022, on how the Department of Defense is
leveraging new and emerging technologies to understand the
needs and readiness of its workforce. The report should
include, but not limited to, the following:
(1) An outline of the various technologies used to
understand the challenges of the military and civilian
workforces;
(2) An assessment of how artificial intelligence-powered
technology and survey tools could aid in understanding the
issues within the Department's workforce, including as an
alternative to command climate surveys;
(3) An outline of the projected programs that will use new
and emerging technology to understand the challenges within the
Department's workforce; and
(4) Any other information the Secretary deems relevant.
Enhancing Recruitment and Opportunities for Military Service
The House Committee on Armed Services recognizes that
tattoos and body modification for potential enlistees has
become a deterrent to meeting recruitment goals in previous
years. The committee also recognizes the value of an all-
volunteer force and encourages the services to consider
updating their recruitment incentives to reflect changing
cultural norms and emerging demographics.
As a result, the committee directs the Under Secretary of
Defense for Personnel and Readiness to submit a report to the
House Committee on Armed Services by March 1, 2022, identifying
the exact number of potential enlistees per year that are
denied access to the military due to tattoos and body
modifications.
The report should include a breakdown by service, by census
division, and include a minimum of five (5) years of data. It
should assess the manning impact on emergent branches like U.S.
Army Cyber and Space Force, qualify the impact on specific
career-enhancing jobs like recruiting duty, and compare service
policies with those of private sector companies.
Due to the prohibitive cost of tattoo removal, the report
should also include an analysis of the benefits of offering
tattoo removal as an incentive to meet recruitment goals.
Lastly, the report should explore commercial solutions to
remove prohibitive tattoos and body modifications in ineligible
candidates otherwise qualified for military service and current
service members seeking promotion opportunities.
Identifying the Remains of the Casualties of the USS Arizona
The committee recognizes the importance of identifying the
85 sets of remains of the sailors and Marines who perished
aboard the USS Arizona during the Pearl Harbor attack on
December 7, 1941. The committee notes that it is entirely
within the capability and capacity of the Defense POW/MIA
Accounting Agency (DPAA) to identify the remains of the still
unidentified 85 personnel. The committee further notes that our
nation owes it to the surviving families of the deceased to
identify these remains and finally allow these sailors and
Marines to be laid to rest. Therefore, the committee directs
the Secretary of the Navy to submit a report to the Committees
of Armed Services of the Senate and House of Representatives by
January 31, 2022, on the feasibility and cost associated with
identifying these remains. The Secretary shall consult with the
private sector in the creation of this report to leverage the
most state-of-the-art advancements in applicable technologies
to expeditiously bring this effort to completion.
Media Literacy Training
The committee is concerned about the level of media
literacy of service members. Therefore, the committee directs
the Secretary of Defense to provide a briefing to the Committee
on Armed Services of the House of Representatives not later
than March 1, 2022, on a strategy to include media literacy,
digital literacy, and information literacy as part of regular
service member education beginning in basic training and
continuing throughout their careers. Additionally, the
Secretary will consider the feasibility of making this training
available to dependents.
Military Criminal Investigative Training
The committee still needs to understand whether there are
any increased costs, gained or lost efficiencies, or capacity
limitations that may exist derived from any realignments of
current military criminal investigative training. Given the
significant organizational changes that the U.S. Army Criminal
Investigation Command has undergone in response to the Army's
adoption of the Fort Hood Independent Report, the committee
encourages the new director of U.S. Army Criminal Investigation
Command to review the state of the organization before
recommending further significant changes.
National Guard Active Guard Reserve Program
The committee notes that the Army National Guard relies on
a percentage of its overall personnel to work in a full-time
support capacity to ensure rapid emergency response, provide
administrative and logistical execution of training events, and
maintain National Guard facilities and community relations and
recruitment of members. The number of full-time support
personnel is based on the authorized Army National Guard end
strength. This number is currently less than 62 percent of what
is authorized across the 54 States and territories. The
committee is also concerned about multiple consecutive National
Guard tours in the National Capital Region. Therefore, the
committee directs the Director of the National Guard Bureau, in
consultation with the State Adjutants General, to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives not later than April 1, 2022, on
the National Guard Bureau Title 10 Active Guard and Reserve
Program. The specific elements of the report should:
(1) describe the current composition of the National Guard
title 10 program, including the current levels of Army and Air
National Guard personnel on Active Duty in support of the
Reserves; on title 10 duty in the National Capital Region; on
title 10 duty outside of the National Capital Region; and
average number of years spent consecutively on title 10 duty.
(2) assess the feasibility of converting title 10 billets
to 3-year nonconsecutive rotational billets between title 32
and title 10 status including a recommended timeline of
implementation; proposed billets to be converted; criteria used
to determine which billets should be converted; effects on
State management of officer career progression; and effects on
recruiting and retention of the title 32 and title 10 Active
Guard Reserve force.
(3) identify the total cost and any barriers to convert
1,000 traditional Guard positions to Active Guard positions
every year for the next 10 years, for a total of 10,000
nationwide.
(4) identify any additional legislative language deemed
necessary to convert title 10 billets to rotational duty.
National Guard Drill Periods
The committee is concerned that two decades of continual
deployment of the National Guard and increasing use of the
National Guard for domestic missions including security and
more frequent national disaster response, combined with
increased drill periods, is exacting a heavier toll on the
force and on individual guardsmen than was ever intended.
Ignoring or failing to examine this issue and to consider
opportunities to mitigate the impact on guardsmen through
modifications to drill periods and compensation risks long-term
damage to the National Guard and the service it provides to the
country.
The committee directs the Chief of the National Guard
Bureau to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives by February 1,
2022, including, for fiscal years 2019 and 2020, data on the
number of guardsmen who were required to drill on more than 10
weekdays during the year; data on the number of guardsmen who
were required to drill for more than 38 total days during the
year; the distribution of the number of drilling days for
guardsmen disaggregated by the 10th, 25th, 50th, 75th, and 90th
percentile; and also analyses of the effects of increased
mobilization periods and weekday drill periods on National
Guard readiness and retention, the adequacy of the current
National Guard drill pay structure for drill periods covering
weekdays or periods that bring a guardsman's total days drilled
above 38 per year, and the impact of potential duty status
reform on these issues.
National Guard Force Apportionment
The committee notes that the current process for National
Guard Bureau force structure allocation to the States is based
on various factors, including sustainability to man, equip, and
ready the unit for its Federal mission. However, this
apportionment of the Guard does not consider a State's demands
for its domestic missions, and how those domestic missions may
affect a unit's readiness for the Federal mission.
The committee appreciates the tremendous and extraordinary
efforts of the National Guard over the past year that included
COVID-19 response, civil unrest, and natural disasters to go
along with their regular Federal missions. These deployments in
support of civil authorities are a critical component of the
Guard mission. However, these domestic missions have put a
strain on State Guard bureaus, especially in those States with
lower Guard personnel to population ratios. These States must
protect a larger portion of their citizens with fewer resources
and personnel, meaning greater deployments. The committee is
concerned that these increasing domestic deployments may have
an impact on recruiting and retaining qualified individuals and
on a State's ability to man, equip, and ready a unit for its
Federal mission.
Therefore, the committee directs the Secretary of Defense,
in coordination with the Chief of the National Guard Bureau, to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives not later than March 1,
2022, on how the criteria factors in apportionment of personnel
to the States consider a State's demands for its domestic
response missions and how those missions affect its readiness
for the Federal mission, and whether priority should be given
to States meeting their recruitment goals that have the lowest
Guard to civilian population ratios and how that may relate to
other States' force structure allocation.
Report on a Digital Technical Skills in the Department of Defense
The committee notes the critical need for military
personnel skilled in areas related to Artificial Intelligence
(AI) and other digital technical related skill areas important
to national security. The final report of the National Security
Commission on Artificial Intelligence (NSCAI), dated March 1,
2021, stated ``national security agencies need more digital
experts now or they will remain unprepared to buy, build, and
use AI and associated technologies. The talent deficit in the
Department of Defense and the Intelligence Community represents
the greatest impediment to being AI-ready by 2025. The
government needs new talent pipelines, including a United
States Digital Service Academy to train current and future
employees''. Therefore, the committee directs the Secretary of
Defense, in coordination with the Secretaries of the military
department and the Chairman of the Joint Chiefs of Staff, to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than March
1, 2022, regarding the following:
(1) The military manning requirements and career
specialties related to AI, cyber and digital warfare;
(2) An assessment of digital technical fields as defined by
the NSCAI which include artificial intelligence, software
engineering, electrical science and engineering, computer
science, molecular biology, computational biology, biological
engineering, cybersecurity, data science, mathematics, physics,
human-computer interaction, robotics, and design and any
additional fields mentioned in the report;
(3) The future military manning requirements in AI, cyber
and digital technical warfare areas as they relate to emerging
mission requirements;
(4) The training and education requirements for these types
of specialties;
(5) How the Military Service Academies, Senior Military
Colleges, War Colleges, Military Post Graduate Institutions and
other DoD training and education activities are meeting these
mission requirements;
(6) An assessment of the NSCAI report recommendations that
create a United States Digital Service Academy;
(7) An assessment of the NSCAI report recommendation
related to the emphasis on civil service vs. military service;
(8) An assessment of what portions of the NCSAI
recommendations should be considered for potential action by
the Department of Defense;
(9) An estimate of the education and training costs related
to AI, cyber and digital technical warfare fields over the past
5 years and over the Future Years Defense Program.
Report on Data Compromise and Payday Lending
The committee is concerned that service members may be
harmed by pervasive breaches of personal data, including
payment card breaches at point of sale and card-not-present
transactions, by governments and private-sector entities that
have occurred in the United States, as well as the use of
payday and title loans with disadvantageous terms. The
committee directs the Under Secretary of Defense for Personnel
and Readiness to provide a briefing to the House Committee on
Armed Services by February 1, 2022, assessing the impact and
costs of personal data breaches on military personnel,
especially those on Active Duty, and the utilization by
military personnel of payday and title loans, including the
impact on the financial health of service members and the
impact on readiness to the Armed Forces.
Reserve Component Command-Directed Investigations of Sexual Assault
The committee is concerned about the lack of resources
available to commanders in the Services' Reserve Components to
investigate a sexual assault allegation against a Reserve
Component service member when there is not Uniform Code of
Military Justice jurisdiction and local law enforcement
officials did not investigate the allegation or did not
complete an investigation of sufficient thoroughness to inform
commanders regarding potential administrative action.
The committee notes that this gap is unique to the Reserve
Component context and that the National Guard Bureau has
addressed a similar problem by creating an Office of Complex
Investigations, which maintains trained and experienced
personnel to investigate a sexual assault allegation against a
Guardsman at the request of an Adjutant General.
The committee directs the Secretary of Defense, in
coordination with each Secretary of a military department, to
submit a report to the Committees on Armed Service of the
Senate and the House of Representatives by March 1, 2022, that:
(1) identifies resources available to investigate
allegations of sexual assault against a Reserve Component
service member both on and off-duty;
(2) indicates the policies of the Department and the
services related to command-directed investigations pertaining
to allegations of sexual assault against a Reserve Component
service member;
(3) weighs the costs and benefits of expanding Military
Criminal Investigative Organizations' jurisdiction to
investigate sexual assault allegations in the Reserve Component
that would otherwise be investigated by a command directed
investigation;
(4) weighs the costs and benefits of creating a program to
provide Reserve Component commanders with access to independent
and experienced administrative investigators from outside their
commands to investigate sexual assault allegations in the
Reserve Component that would otherwise be investigated by a
command-directed investigation; and
(5) evaluates any other potential alternatives to command-
directed investigations of sexual assault in the Reserve
Components that the Secretary considers appropriate.
ROTC Scholarship Funding
The committee recognizes that not all U.S. colleges and
universities have the opportunity or resources to host Reserve
Officers' Training Corps (ROTC) programs. The committee is
concerned that there is limited available information on what
schools seek and receive ROTC funding and how that funding is
allocated to students. As such, the committee directs the
Secretary of Defense to submit a report to the House Committee
on Armed Services by June 30, 2022 evaluating the ROTC
scholarship process. The report should include a list of which
schools seek and receive ROTC funding, how those schools are
chosen, how the amount of funding available through ROTC has
changed since 2010, how funding changes have that impacted the
ability of students to attend various universities, from what
geographic areas are students applying and selected for ROTC
scholarships, from what ethnic backgrounds are students
applying and subsequently selected, and recommendations for how
to expand the ROTC scholarship programs more equitably across
U.S. colleges and universities. The report should include input
from each of the military services.
Service Commitments for Graduates of Military Service Academies and
Professional Athletics
The committee is concerned that the military services have
not faithfully enforced the provisions of the cadet and
midshipman service agreements that relate to graduates of
military service academies who seek employment as professional
athletes before completing their military service commitment.
The committee notes that Sec. 543 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115--91)
required the military services to revise the cadet and
midshipman service agreements to include a provision that the
cadet or midshipman will not seek release from the commissioned
service obligation to obtain employment as a professional
athlete following graduation until the cadet or midshipman
completes at least two consecutive years of military service.
Despite this contractual provision, the Department of Defense
has routinely granted waivers to service academy graduates to
pursue professional athletics careers before completing any
portion of their military service commitment.
The committee notes that, in 2018 (the most recent
available data), the cost to taxpayers to produce a single
graduate from the military service academies was $415,208 at
the United States Military Academy, $439,372 at the United
States Naval Academy, and $560,208 at the United States Air
Force Academy. Given the significant taxpayer investment in
graduates of the military service academies and the purpose of
the academies, which is to produce commissioned officers for
the military services, a policy or practice of routinely
waiving provisions in the cadet and midshipman service
agreements is inconsistent with good stewardship of public
funds and contravenes the legislative intent of the statute.
The committee directs the Secretary of Defense to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives by March 1, 2022, on the
Department's plans to update the current policy, dated November
8, 2019, concerning graduates seeking waivers for participation
in professional sports; to enforce cadet and midshipman service
agreements as they pertain to seeking employment as a
professional athlete; the conditions under which waivers
regarding this provision will be considered and approved; and
the Department's justification for the value of such waivers to
the Department in light of the purpose of the military service
academies and the significant taxpayer investment therein.
Small Unit Leadership Training
The committee is concerned that there may be challenges
with equipping small unit leaders across the military services
with the skills to build trust and enduring relationships with
junior service members. The committee also understands the
detrimental effect that sexual assault, sexual harassment,
extremism, hazing, suicide and other issues have on unit
cohesion. Therefore the committee directs the Secretary of
Defense, in coordination with the Secretaries of the military
departments, to submit a report to the Committee on Armed
Services of the House of Representatives not later than
February 1, 2022, that provides the following:
(1) a review of small unit leader training across the
military services that highlights challenge areas and
opportunities for improvement;
(2) a taxonomy of training and grid that ties small unit
leaders to the issues raised above and any other issues that
may affect good order and discipline not herein contained;
(3) the metrics, both measures of performance and more
importantly measures of effectiveness, that lead to changes in
behavior;
(4) the current state of funding and the optimal level of
funding that will allow the military services to fully address
these training issues;
(5) desired end state of this training;
(6) the plan of actions and milestones from each military
service that depicts when they will meet desired end state; and
(7) any additional legislation or policy recommendations
that should be considered to ensure transformation and timely
implementation.
Training for Military Prosecutors
The committee remains concerned that many military
prosecutors lack sufficient training and experience for the
increasingly complex cases they are assigned, as discussed in
Recommendation 1.4 of the July 1, 2021, report, ``Hard Truths
and the Duty to Change: Recommendations from the Independent
Review Commission on Sexual Assault in the Military.''
The committee notes the commitment of the Department of
Defense to revise personnel structures to allow for judge
advocates to specialize in military justice litigation and that
at least one service has already established a military justice
specialty track. While these efforts are admirable and will, no
doubt, prove beneficial, they do not specifically address the
training such personnel receive to best equip them for the
challenges of complex litigation.
The committee directs the Secretary of Defense, in
coordination with each Secretary of a military department, to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives by March 1, 2022, that
describes the training plan for military justice practitioners
and identifies the plan's costs and benefits.
Using Commercially Available Technology for Sexual Assault Reporting
Eliminating sexual harassment and sexual assault in the
military is critical to creating a safe environment for all
members of the armed forces. The Committee is concerned by the
lack of centralized reporting mechanisms available to victims
and survivors within the military services that could give
Department leaders a holistic view of the problem as it works
toward a solution. Therefore, the committee directs the
Secretary of Defense to provide a briefing to the House
Committee on Armed Services no later than April 1, 2022
detailing how the Department could develop such tools to accept
and track reports of sexual assault and harassment and the ways
the Department could leverage commercial technology to develop
them.
Wargaming at War Colleges and Military Postgraduate Education
Institutions
The committee notes the importance of wargaming as an
integral component of military training, education, and
research. Wargaming has been an essential tool for military
commanders across the tactical, operational, and strategic
levels of warfare. It also helps military leaders better
understand the range of possible warfighting futures, innovate
and express new ideas, challenge current warfighting
assumptions, and integrate technologies and capabilities into
operations and force structure. However, there appears to be a
lack of coordination in the wargaming community and in the
Department of Defense's academic institutions, challenges with
sharing lessons learned in an agile and adaptive manner, and
little coordination to ensure programmatic budget decisions are
influenced by these sometime crucial military insights.
Therefore, the committee directs the Secretary of Defense,
in coordination with the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives not later than March 1,
2022, regarding the use of wargaming within the Department of
Defense War Colleges and military postgraduate institutions
that includes the following:
(1) a description of how and if wargaming is used and how
frequently it has been used over the last 10 years;
(2) how wargaming enriches the student learning experiences
and how it intersects with Joint Professional Military
Education;
(3) how many students and faculty have been exposed to
wargaming over the last 10 years;
(4) how are the lessons learned from wargaming captured,
disseminated, and integrated;
(5) how much has been spent on wargaming over the last 10
years;
(6) how are wargaming scenarios updated to ensure they
continue to meet the challenge of tomorrow's adversary;
(7) how are best practices used to ensure currency,
accuracy, and relevance, including the use of classified
information, to provide forward-looking war games as
instructional tools; and
(8) any recommendations to improve and enhance the use of
wargaming at War Colleges and military postgraduate
institutions.
Women's Military History Day
The committee recognizes the significance of women's
contributions to the United States Armed Forces and broader
national security dating back to the Revolutionary War.
Throughout American history, women have served with great
distinction in every military conflict since the American
Revolution. Despite significant challenges, female service
members persevered and remain integral to the global dominance
of the U.S. military. The committee acknowledges the courage
and sacrifices of trailblazing women, such as Loretta Perfectus
Walsh, the first woman to formally enlist in the U.S. military
and break the gender barrier. These courageous women have
inspired generations of American women to serve, and
demonstrated tremendous valor, dedication, professionalism, and
willingness to sacrifice for the nation. The committee strongly
encourages the Department of Defense to select a dedicated day
to honor the pivotal role of these selfless women, and all of
those who have subsequently served.
World War I Medal of Honor Recipients Report
The committee appreciates the Department's efforts to
review the service records of certain World War I veterans for
potential eligibility for a posthumously awarded Medal of
Honor. However, it is imperative that Congress ensures progress
is made to honor these veterans for their valor. As such, the
committee directs the Secretary of Defense to provide a report
to the House Committee on Armed Services no later than March 1,
2022, on the status of Medal of Honor reviews for veterans who
participated in World War I, particularly for veterans of
African American, Asian American, Hispanic American, and Jewish
American descent.
LEGISLATIVE PROVISIONS
Subtitle A--Rreserve Component Management
Section 501--Grade of Certain Chiefs of Reserve Components
This section would authorize the Chief of each service
Reserve Component be in the grade of three-star officer.
Section 502--Grade of Vice Chief of the National Guard Bureau
This section would authorize the Vice Chief of the National
Guard Bureau to be appointed to serve in the grade of general.
Section 503--Prohibition on Private Funding for Interstate Deployment
of National Guard
This section would prohibit private funds from being used
to fund any State's National Guard deployment in another State,
except for natural disaster emergencies.
Section 504--Requirement of Consent of the Chief Executive Officer for
Certain Full-Time National Guard Duty Performed in a State, Territory,
or the District of Columbia
This section would require the consent of the chief
executives of both the sending State or territory and receiving
State or territory, should the President deploy National Guard
units out of State under section 502 (f) of title 32, United
States Code.
Section 505--Continued National Guard Support for FireGuard Program
This section would require the Secretary of Defense to
continue supporting the FireGuard program until at least
September 30, 2026.
Section 506--Study on Reapportionment of National Guard Force Structure
Based on Domestic Responses
This section would direct the Secretary of Defense to
conduct a study to determine whether to reapportion the force
structure of the National Guard based on wartime and domestic
response requirements.
Section 507--Report on Feasibility and Advisability of Including
Cybersecurity Operations and Missions to Protect Critical
Infrastructure by Members of the National Guard in Connection with
Training or Other Duty
This section would mandate a report by the Secretary of
Defense within 1 year after the date of the enactment of this
Act on the feasibility and advisability of treating cyberspace
operations as a matter of training for members of the National
Guard at the request of the Governor of the State concerned.
Section 508--Access to Tour of Duty System
This section would direct the Secretary of the Army to
ensure that a member of the Reserve Components of the Army may
access the Tour of Duty system using a private internet-enabled
device.
Subtitle B--General Service Authorities and Military Records
Section 511--Prohibition on Commissioning or Enlistment in the Armed
Forces of an Individual Convicted of a Felony Hate Crime
This section would prevent individuals who are convicted of
a hate crime from commissioning or enlisting in the Armed
Forces.
Section 512--Reduction in Service Commitment Required for Participation
in Career Intermission Program of a Military Department
This section would amend section 710 of title 10, United
States Code, to reduce the commitment required for
participation in the Career Intermission Program.
Section 513--Modernization of the Selective Service System
This section would modernize the Selective Service System
to ensure that the Selective Service System is prepared to
support the mobilization needs of the Department of Defense if
the all-volunteer model is no longer able to recruit enough
people during a time of national crisis.
Section 514--Improvements to Military Accessions in Armed Forces under
the Jurisdiction of the Secretaries of the Military Departments
This section would require the Secretary concerned to take
directed steps to improve the military accessions process of
their service.
Section 515--Authorization of Permissive Temporary Duty for Wellness
This section would authorize a service member to take not
more than 2 weeks of permissive temporary duty each year to
attend a seminar, retreat, workshop, or outdoor recreational
therapy event hosted by a non-profit that focuses on
psychological, physical, spiritual, or social wellness.
Section 516--Required Staffing of Administrative Separation Boards
This section would ensure all administrative separation
boards have a recorder and legal advisor. This section would
also require the recorder to be a legal officer under the
authority of the staff judge advocate for the separation
authority.
Section 517--Administrative Separation: Miscellaneous Authorities and
Requirements
This section would require the Secretaries of the military
departments to prescribe regulations which permit the Secretary
to characterize an administrative discharge, considered by an
administrative separation board under any conditions (including
other than honorable) notwithstanding the recommendation of the
administrative separation board. This section would also allow
an individual subject to a separation board to request that at
least one voting member of the board be of the same gender,
race, or ethnicity.
Section 518--Prohibition on Algorithmic Career Termination
This section would prohibit the sole use of automated
algorithmic, mathematical, or other analytic tools used in the
evaluation of publicly available social media posts or other
publicly available online activity attributable to such member
for discipline unless the Secretary concerned determines an
imminent threat of physical violence exists.
Section 519--Prohibition on Discipline against a Member Based on
Certain Social Media
This section would prohibit funds authorized to be
appropriated by this Act to be used to subject a member of the
Armed Forces under the jurisdiction of a Secretary of a
military department to discipline of any kind solely based on a
comment, post, or other activity originating from a third party
regarding a political matter on an online account, forum, or
other electronic means owned, controlled, or operated by the
member.
Section 519A--Command Oversight of Military Privatized Housing as
Element of Performance Evaluations
This section would require that military privatized housing
oversight is documented on the performance evaluation of an
individual responsible for such oversight.
Section 519B--Feasibility Study on Establishment of Housing History for
Members of the Armed Forces Who Reside in Housing Provided by the
United States
This section would direct the Department of Defense to
submit a report on a feasibility study of providing housing
history statements to service members in Department-provided
housing, privatized housing, and economy housing so they can
prove their tenant history to future landlords.
Section 519C--Seaman to Admiral-21 Program: Credit towards Retirement
This section would authorize the Secretary of the Navy to
include time spent in a baccalaureate degree program when
computing years of service and retired or retainer pay for
certain participants in the Seaman to Admiral-21 program during
fiscal years 2010 through 2014.
Section 519D--Progress Report on Implementation of GAO Recommendations
Regarding Career Paths for Surface Warfare Officers of the Navy
This section would require the Secretary of the Navy to
submit a report to the congressional defense committees on the
progress of implementing the recommendations of the Government
Accountability Office report titled ``Navy Readiness: Actions
Needed to Evaluate and Improve Surface Warfare Officer Career
Path'' (GAO-21-168).
Section 519E--Independent Assessment of Retention of Female Surface
Warfare Officers
This section would require the Secretary of Defense to
enter into a contract with a nonprofit entity or a federally
funded research and development center to conduct research and
analysis on the gender gap in retention of surface warfare
officers in the Navy.
Subtitle C--Military Justice and Other Legal Matters
Section 521--Rights of the Victim of an Offense under the Uniform Code
of Military Justice
This section would require the Secretary of Defense to
establish a uniform policy for the sharing of information
relating to the victim of an offense with a Special Victims'
Counsel or Victims' Legal Counsel representing such victim. The
information would include recorded statements of the victim to
investigators, the record of any forensic examination of the
person or property of the victim, and any other personal or
medical record of the victim that is in the possession of
investigators or the government.
Section 522--Commanding Officer's Non-Judicial Punishment
This section would require a commander to consult with a
legal officer before imposing nonjudicial punishment and the
subject of nonjudicial punishment must have the opportunity to
meet with counsel prior to the imposition of nonjudicial
punishment unless an exception applies.
Section 523--Selection Process for Members to Serve on Courts-Martial
This section would allow for the randomized selection of
panel members to serve on courts-martial.
Section 524--Petition for DNA Testing under the Uniform Code of
Military Justice
This section would permit an accused sentenced to
imprisonment or death to petition the Judge Advocate General to
order DNA testing of specific evidence if the Judge Advocate
General finds that petition meets certain criteria.
Section 525--Punitive Article on Violent Extremism
This section would create a punitive article on violent
extremism in the Uniform Code of Military Justice.
Section 526--Clarifications of Procedure in Investigations of Personnel
Actions Taken against Members of the Armed Forces in Retaliation for
Protected Communications
This section would clarify procedures in investigation of
personnel actions taken against service members in retaliation
for protected communications.
Section 527--Activities to Improve Family Violence Prevention and
Response
This section would examine the staffing levels of family
advocacy programs and the measures of effectiveness for family
violence prevention and response programs.
Section 528--Mandatory Notification of Members of the Armed Forces
Identified in Certain Records of Criminal Investigations
This section would require military criminal investigative
organizations to notify a service member and former service
members (including the Reserve Component) when they have been
designated, or have been previously designated, as a suspect in
a case in any official investigative report, and provide
instructions on how to appeal the decision.
Section 529--Authority of Military Judges and Military Magistrates to
Issue Military Court Protective Orders
This section would permit military judges and military
magistrates to issue military court protective orders.
Section 529A--Countering Extremism in the Armed Forces
This section would require the Secretary of Defense to
provide a definition of extremism within 60 days. This section
would also create the Office of Countering Extremism within the
Department of Defense; provide for training and education on
extremism; ensure data collection on extremist activities; and
prescribe reporting requirements.
Section 529B--Reform and Improvement of Military Criminal Investigative
Organizations
This section would require the military services to reform
their criminal investigative organizations consistent with the
guidance provided and submit a report through the Secretary of
Defense to the Committees on Armed Services of the Senate and
the House of Representatives not later than 1 year after the
date of the enactment of this Act. This section would also
prohibit the Department of Defense from changing the locations
of military criminal investigative training until the
implementation plan for reforming military criminal
investigative organizations is submitted to Congress and the
Department of Defense provides 60 days' notice of its intent to
move such training.
Section 529C--Measures to Improve the Safety and Security of Members of
the Armed Forces
This section would improve the safety and security of
service members and the processes related to missing service
members.
Section 529D--Distribution of Information on the Availability of
Civilian Victim Services
This section would require the Secretary of Defense to
require each military legal service provider to provide, to
each victim referred to such provider, a list of approved
civilian victim service organizations from which the victim may
seek legal assistance, legal representation, or other related
services. This section also would require the Sexual Assault
Prevention and Response Office of the Department of Defense to
carry out activities to ensure the widespread distribution,
throughout the Department, of information on the availability
of services from civilian victim service organizations.
Section 529E--Report on Mandatory Restitution
This section would require the Secretary of Defense to
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the Department's
progress in evaluating the feasibility and advisability of
authorizing mandatory restitution.
Subtitle D--Implementation of Recommendations of the Independent Review
Commission on Sexual Assault in the Military
Section 531--Short Title
This section would cite this subtitle as the IRC
implementation Act of 2021''.
Part 1--Special Victim Prosecutors and Special Victim Offenses
Section 532--Special Victim Prosecutors
This section would create one O6 special victim prosecutor
for each Armed Force appointed by the appropriate service
secretary as well as such number of special victim prosecutors
as appropriate to assist the special victim prosecutor. This
section would establish the qualifications for the special
victim prosecutors and the assistant special victim
prosecutors. This section would also establish the roles and
responsibilities for the special victim prosecutors and the
assistant special victim prosecutors.
Section 533--Department of Defense Policies with Respect to Special
Victim Prosecutors and Establishment of Offices of Special Victim
Prosecutors within Military Departments
This section would require the Secretary of Defense to
establish policies with the appropriate mechanisms and
procedures that the Secretaries of the military departments to
guide the establishment and operation of each Office of the
Special Victim Prosecutors. This section would ensure the
special victim prosecutor is under the sole jurisdiction of the
Secretary concerned and enables the Judge Advocate General of a
military department to assign as many assistant special victim
prosecutors as needed.
Section 534--Definitions of Military Magistrate, Special Victim
Offense, and Special Victim Prosecutor
The section would define military magistrate, special
victim offense, and special victim prosecutor.
Section 535--Clarification Relating to Who May Convene Courts-Martial
This section would amend section 822(b) of title 10, United
States Code (article 229b of the Uniform Code of Military
Justice) to clarify who may convene special and general courts-
martial.
Section 536--Detail of Trial Counsel
This section would amend section 827 of title 10, United
States Code (article 27 of the Uniform Code of Military
Justice) to require a special victim prosecutor or assistant
special victim prosecutor to be detailed to special and general
courts-martial referred by a special victim prosecutor.
Section 537--Preliminary Hearing
This section would amend section 832 of title 10, United
States Code (article 32 of the Uniform Code of Military
Justice) to require a special victim prosecutor to appoint a
military judge or military magistrate as the hearing officer
for a preliminary hearing for all cases where a special victim
prosecutor is exercising their authority.
Section 538--Advice to Convening Authority before Referral for Trial
This section would amend section 834 of title 10, United
States Code (article 34 of the Uniform Code of Military
Justice) to permit referral of charges and specifications over
which a special victim prosecutor exercises authority by only
the special victim prosecutor or by the convening authority
where the charges and specifications do not allege a special
victim offense or where a special victim declines to refer
charges.
Section 539--Former Jeopardy
This section would amend section 844(c) of title 10, United
States Code (article 44(c) of the Uniform Code of Military
Justice) by inserting ``or the special victim prosecutor after
the convening authority'' each place that it appears.
Section 539A--Plea Agreements
This section would amend subsection (a) of section 853a of
title 10, United States Code (article 53a of the Uniform Code
of Military Justice) by permitting special victim prosecutors
to enter into plea agreements with respect to charges and
specifications referrer to court-martial by a special victim
prosecutor.
Section 539B--Determinations of Impracticality of Rehearing
This section would amend section 865(e)(3)(B) of title 10,
United States Code (article 65(e)(3)(B) of the Uniform Code of
Military Justice) by permitting special victim prosecutors to
determine whether a rehearing is impractical and dismiss
charges if the case was referred to trial by a special victim
prosecutor.
Section 539C--Punitive Article on Sexual Harassment
This section would amend subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice), by creating a new article (120d) criminalizing sexual
harassment.
Section 539D--Clarification of Applicability of Domestic Violence and
Stalking to Dating Partners
This section would amend section 928(b) of title 10, United
States Code (article 128b of the Uniform Code of Military
Justice) by striking ``any person'' and inserting ``a dating
partner'' at each place it appears. Additionally, this section
would define the terms dating partner, immediate family, and
intimate partner as the meaning in section 930 of title 10,
United States Code (article 130 of the Uniform Code of Military
Justice). This section would also amend section 930 of title
10, United States Code (article 130; stalking) to include the
term dating partner as defined.
Section 539E--Effective Date
This section would establish an effective date for 2 years
after the date of enactment of this Act unless otherwise
specified.
Part 2--Sentencing Reform
Section 539F--Sentencing Reform
This section would amend section 853 of title 10, United
States Code (article 53 of the Uniform Code of Military
Justice) and except in the case of capital offenses, require
judge-alone if an accused is convicted by a general or special
court-martial. Additionally, this section would establish a
Military Sentencing Parameters and Criteria Board to determine
sentencing parameters and criteria for the military judge to
consider in determining appropriate sentences.
Part 3--Reports and Other Matters
Section 539G--Report on Modification of Disposition Authority for
Offenses Other than Special Victim Offenses
This section would require the Secretary of Defense to
submit a report on the feasibility, advisability, and potential
effects of modifying chapter 47 of title 10, United States
Code, to require that determinations as to whether to prefer or
refer charges for trial by court-martial for offenses other
than special victim offenses should be made by an individual
outside the chain of command.
Section 539H--Report on Implementation of Certain Recommendations of
the Independent Review Commission on Sexual Assault in the Military
This section would require the Department of Defense to
provide a report on the following lines of effort from the
Independent Review Commission on Sexual Assault in the
Military: Line of Effort 1: Accountability; Line of Effort 2:
Prevention; Line of Effort 3: Climate and Culture; and Line of
Effort 4: Victim Care and Support.
Section 539I--Report on Implementation of Recommendations and Other
Activities to Address Racial, Ethnic, and Gender Disparities in the
Military Justice System
This section would require the Secretary of Defense to
report on the Department's efforts to implement the
recommendations from the May 2019 report of the Government
Accountability Office titled: ``Military Justice: DOD and the
Coast Guard Need to Improve Their Capabilities to Assess Racial
and Gender Disparities.''
Subtitle E--Other Sexual Assault-Related Matters
Section 541--Independent Investigation of Complaints of Sexual
Harassment
This section would require independent investigations of
sexual harassment complaints outside the chain of command of
the subject and victim.
Section 542--Modification of Notice to Victims of Pendency of Further
Administrative Action Following a Determination Not to Refer to Trial
by Court-Martial
This section would strike ``alleged sexual assault'' and
insert ``an alleged sex-related offense'' as defined in section
1044e(h) of title 10, United States Code, and require
commanders to notify victims of sex-related offenses of the
outcomes of administrative actions.
Section 543--Modifications to Annual Report Regarding Sexual Assaults
Involving Members of the Armed Forces
This section would extend the reporting requirement of
section 1631 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383) for 5 years and
require the annual report to include the race and ethnicity of
the victim and accused.
Section 544--Civilian Positions to Support Special Victims' Counsel
This section would permit the Secretary of a military
department to establish one or more civilian positions within
each office of the Special Victims' Counsel under the
jurisdiction of such Secretary to provide support to Special
Victims' Counsel and to ensure continuity.
Section 545--Feasibility Study on Establishment of Clearinghouse of
Evidence-Based Practices to Prevent Sexual Assault, Suicide, and Other
Harmful Behaviors among Members of the Armed Forces and Military
Families
This section would direct the Secretary of Defense to study
the feasibility of establishing a single, centralized
clearinghouse of evidence-based practices supporting military
service members and their families' health and well-being.
Subtitle F--Member Education, Training, and Transition
Section 551--Training on Consequences of Committing a Crime in
Preseparation Counseling of the Transition Assistance Program
This section would require preseparation training regarding
the consequences to a member who is convicted of a crime,
specifically regarding the loss of benefits from the Federal
Government to such a member.
Section 552--Participation of Members of the Reserve Components of the
Armed Forces in the SkillBridge Program
This section would authorize members of the Reserve
Component of the Armed Forces to participate in the SkillBridge
program of the Department of Defense.
Section 553--Expansion and Codification of Matters Covered by Diversity
Training in the Department of Defense
This section would require that the Secretary of a military
department conduct ongoing training programs regarding human
relations, diversity, equity, and inclusion for all covered
individuals under the jurisdiction of the Secretary of a
military department. This section would also inform potential
military members of the armed services of the military oath and
responsibilities under it.
Section 554--Expansion of Junior Reserve Officers' Training Corps
Program
This section would authorize the Secretary of Defense to
expand the Junior Reserve Officers' Training Corps (JROTC)
Program curriculum and increase the number of JROTC units, and
would require a report on the JROTC program.
Section 555--Defense Language Institute Foreign Language Center
This section would amend section 2168 of title 10, United
States Code, to permit the Defense Language Institute to confer
Bachelor degrees, in addition to Associate degrees, to
graduates that meet the appropriate requirements for that
degree.
Section 556--Allocation of Authority for Nominations to the Military
Service Academies in the Event of the Death, Resignation, or Expulsion
From Office of a Member of Congress
This section would authorize an alternative nomination
allocation in the event of the death, resignation, or expulsion
of a Member of Congress.
Section 557--Votes Required to Call a Meeting of the Board of Visitors
of a Military Service Academy
This section would authorize a majority of the Board of
Visitors of each of the three military service academies to
call an official meeting of the Board at any time.
Section 558--United States Naval Community College
This section would establish the United States Naval
Community College (USNCC) under the Department of the Navy and
would provide the USNCC the authority to hire civilian faculty
and award degrees.
Section 559--Codification of Establishment of United States Air Force
Institute of Technology
This section would provide the authority for the United
States Air Force Institute of Technology (AFIT) in title 10,
United States Code, codifying AFIT's existing role to serve
both the Air Force and the Space Force.
Section 559A--Clarifications regarding Scope of Employment and
Reemployment Rights of Members of the Uniformed Services
This section would amend title 38, United States Code, to
clarify the scope of procedural rights of members of the
uniformed services with respect to their employment and
reemployment rights.
Section 559B--Clarification and Expansion of Prohibition on Gender-
Segregated Training in the Marine Corps
This section would further specify the level of gender
integration required for Marine Corps enlisted and officer
training.
Section 559C--Requirement to Issue Regulations Ensuring Certain
Parental Guardianship Rights of Cadets and Midshipmen
This section would require the Department of Defense to
issue regulations ensuring certain parental guardianship rights
of cadets and midshipmen.
Section 559D--Defense Language Continuing Education Program
This section would require the Under Secretary of Defense
for Personnel and Readiness to coordinate with the Director of
the Defense Intelligence Agency to designate an executive agent
for continuing foreign language training.
Section 559E--Public-Private Consortium to Improve Professional
Military Education
This section would authorize the Secretary of Defense to
establish and maintain a public-private consortium to improve
and broaden professional military education for military
officers and civilian employees of the Federal Government.
Section 559F--Standards for Training of Surface Warfare Officers and
Enlisted Members
This section would require the Secretary of the Navy to
establish standards and procedures by which Navy surface
warfare officers and enlisted members may be issued a merchant
mariner credential in accordance with part E of subtitle II of
title 46, United States Code.
Section 559G--Professional Military Education: Report; Definition
This section would require the Secretary of Defense to
review, assess, and standardize the definition of professional
military education across the Department of Defense.
Section 559H--Study on Training and Education of Members of the Armed
Forces Regarding Social Reform and Unhealthy Behaviors
This section would require a study on training and
education of members of the Armed Forces regarding social
reform and unhealthy behavior.
Subtitle G--Military Family Readiness and Dependents' Education
Section 561--Establishment of Exceptional Family Member Program
Advisory Council
This section would establish an Exceptional Family Member
Program Advisory Council to better support military families
who have members with special needs.
Section 562--Non-Medical Counseling Services for Military Families
This section would provide licensure portability for non-
medical counseling services for military families by mental
health care providers through the Department of Defense Family
Readiness System.
Section 563--Expansion of Support Programs for Special Operations
Forces Personnel and Immediate Family Members
This section would provide family support programs for Gold
Star family members of special operations forces.
Section 564--Clarification of Qualifications for Attorneys Who Provide
Legal Services to Families Enrolled in the Exceptional Family Member
Program
This section would clarify the experience required by
attorneys supporting Exceptional Family Member Program
participants.
Section 565--Improvements to the Exceptional Family Member Program
This section would make improvements to the Exceptional
Family Member Program.
Section 566--Database of Next of Kin of Deceased Members of the Armed
Forces
This section would direct the Department of Defense to
provide unit commanders access to contact information for next
of kin of deceased service members of the same unit.
Section 567--Policy Regarding Remote Military Installations
This section would update policies for remote military
installations and support services for military families.
Section 568--Feasibility Study on Program for Drop-In Child Care
Furnished to Certain Military Spouses at Military Child Development
Centers
This section would require a feasibility study on the
possibilities of offering a drop-in childcare option for
military spouses raising young children alone while their
partners are deployed or away for extensive training.
Section 569--Comptroller General of the United States Reports on
Employment Discrimination Against Military Spouses by Civilian
Employers
This section would direct the Comptroller General of the
United States to develop a report on employment discrimination
against military spouses in the civilian job market.
Section 569A--Report on Efforts of Commanders of Military Installations
to Connect Military Families With Local Entities That Provide Services
to Military Families
This section would require the Secretary of Defense to
submit a report reviewing if and how installation leadership
connect families with local nonprofit and government providers
who assist with housing and other wraparound services.
Section 569B--Report on Preservation of the Force and Family Program of
United States Special Operations Command
This section would require the Commander, U.S. Special
Operations Command, to submit a report on the effectiveness of
the Preservation of the Force and Family human performance
domains for the entire special operations community, including
women and minority communities.
Section 569C--GAO Review of Preservation of the Force and Family
Program of United States Special Operations Command
This section would require a comprehensive review of the
Preservation of the Force and Family Program by the Comptroller
General of the United States.
Section 569D--Continued Assistance to Schools With Significant Numbers
of Military Dependent Students
This section would authorize $50.0 million for the purpose
of providing assistance to local educational agencies with
military dependent students, and $20.0 million for local
educational agencies eligible to receive a payment for children
with severe disabilities.
Section 569E--Verification of Reporting of Eligible Federally Connected
Children for Purposes of Federal Impact Aid Programs
This section would direct, on an annual basis, each
commander of a military installation under the jurisdiction of
the Secretary of a military department to submit a written
certification verifying whether the commander has confirmed the
information contained in all impact aid source check forms
received from local educational agencies.
Subtitle H--Diversity and Inclusion
Section 571--Information on Female and Minority Participation in
Military Service Academies and the Senior Reserve Officers' Training
Corps
This section would amend section 113 of title 10, United
States Code, to include information on female and minority
participation at the service academies and Senior Reserve
Officers' Training Corps.
Section 572--Surveys on Diversity, Equity, and Inclusion and Annual
Reports on Sexual Assaults and Racial and Ethnic Demographics in the
Military Justice System
This section would modify surveys on diversity, equity, and
inclusion; modify and require an annual report on sexual
assault; and provide for the collection of racial and ethnic
demographics in the military justice system.
Section 573--Amendments to Additional Deputy Inspector General of the
Department of Defense
This section would amend section 554(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283).
Section 574--Extension of Deadline for GAO Report on Equal Opportunity
at the Military Service Academies
This section would extend the deadline for the Comptroller
General of the United States report on equal opportunity at the
military service academies.
Section 575--GAO Review of Extremist Affiliations and Activity Among
Members of the Armed Forces on Active Duty
This section would require the Comptroller General of the
United States to perform a review to determine the prevalence
of extremist affiliations and activity among members of the
Armed Forces on Active Duty.
Subtitle I--Decorations and Awards
Section 581--Semiannual Reports Regarding Review of Service Records of
Certain Veterans
This section would require the Department of Defense to
provide semiannual reports to Congress on the findings from the
review of service records of each Asian American and Pacific
Islander war veteran who was awarded the Distinguished Service
Cross, the Navy Cross, or the Air Force Cross during the Korean
War or Vietnam War.
Section 582--Eligibility of Veterans of Operation End Sweep for Vietnam
Service Medal
This section would authorize the Secretary concerned to
award the Vietnam Service Medal to eligible veterans of
Operation End Sweep.
Section 583--Establishment of the Atomic Veterans Service Medal
This section would authorize the establishment of a
commemorative Atomic Veterans Service Medal to honor radiation-
exposed retired and former members of the Armed Forces.
Section 584--Authorization for Award of the Medal of Honor to Marcelino
Serna for Acts of Valor During World War I
This section would authorize the award of the Medal of
Honor to Marcelino Serna for Acts of Valor During World War I.
Subtitle J--Miscellaneous Reports and Other Matters
Section 591--Command Climate Assessments: Independent Review; Reports
This section would direct the Secretary of Defense to
establish an Independent Command Climate Review Board for each
Armed Force.
Section 592--Healthy Eating in the Department of Defense
This section would establish an element of the Department
of Defense responsible for implementing a plan to improve
access to healthy food on military installations.
Section 593--Plant-Based Protein Pilot Program of the Navy
This section would require a pilot program to provide
plant-based protein options to members of the Navy at no less
than two naval facilities and would not preclude the
consumption of regular meat-based products.
Section 594--Reports on Misconduct by Members of Special Operations
Forces
This section would institutionalize reporting requirements
for the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict (ASD SO/LIC). The ASD SO/LIC would
be required to notify Congress of all instances of misconduct
by members of special operations forces. Reporting requirements
would remain consistent with the military services in
accordance with existing service requirements.
Section 595--Updates and Preservation of Memorials to Chaplains at
Arlington National Cemetery
This section would update and preserve memorials to
chaplains at Arlington National Cemetery.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
ITEMS OF SPECIAL INTEREST
Assessment of STEM Education in Department of Defense Education
Activity Schools
The committee notes that many military children educated
through the Department of Defense Education Activity (DODEA)
system go on to serve in the military themselves. As part of
the effort to build a science, technology, engineering, and
mathematics (STEM) talent pipeline for both our uniformed and
civilian services, the committee believes that DODEA should
invest in STEM education to prepare students for careers in
these fields, which are critical to national security. The
committee therefore directs the Director of the Department of
Defense Education Activity to assess the quality of STEM
education programs within the DODEA system relative to best-in-
class STEM curricula in U.S. public schools, evaluate the
performance of DODEA-educated students on the STEM portion of
standardized tests, and develop recommendations for
strengthening the STEM curriculum in DODEA schools. The
committee directs the Secretary of Defense to submit a report
to the House Committee on Armed Services not later than
February 1, 2022, on the recommendations and an implementation
plan.
Basic Allowance for Housing
The Committee is aware that rental and housing prices in
Northwest Florida have, in recent years, spiked dramatically.
This has caused significant hardship for junior enlisted
military personnel. Due to a lack of on base housing, and
tightening of the off base housing market, Basic Allowance for
Housing (BAH) has not kept up with property price increases,
placing an undue burden on the men and women in uniform and
their families. As a result, the Committee understands the
Department of Defense (DoD) is currently evaluating a potential
BAH increase. Therefore, the Committee directs the Secretary of
Defense to provide a briefing to the Committees on Armed
Services of the House of Representatives, not later than March
1, 2022, that closely examines the rental properties and BAH
rates in Northwest Florida and the surrounding locations, the
effect these rates are having on the service-member and their
families in the local area and when the last BAH adjustment was
made in this market.
Basic Allowance for Housing Calculation
The committee is concerned that the method of determining
the Basic Allowance for Housing (BAH) is outdated and in need
of modernization. The committee finds there can be limitations
to the Department of Defense's calculations for BAH in rural
areas or those with low housing stock. The smaller sample size
can make it difficult for the Department to assess the median
cost of 30-75 sample housing units. This can result in housing
benefits that are lower than the actual area cost of living,
causing financial hardship for military members, their
families, and veterans accessing this benefit as part of the
Post 9/11 GI Bill. The committee also notes that concerns have
been raised regarding BAH's method of calculation having a
potential adverse impact on the ability of military privatized
housing providers to finance identified housing upgrades.
The committee believes changes should be made to
accommodate low housing stock and rural housing supply issues
when the Department conducts its Basic Allowance for Housing
sampling to improve the accuracy of the calculation and the
reality of housing availability and cost in these areas.
Therefore, the committee directs the Secretary of Defense
to submit a report to the Committee on Armed Services of the
House of Representatives not later than February 25, 2022, on
whether the process for calculating BAH meets area cost of
living in rural military housing areas that did not meet the
Department's standard sample size during the most recent
assessment, and a plan for making adjustments to the data
gathering and calculation process to better meet the needs in
these kinds of communities. The report should additionally make
available to the committee the details of the overall process
and calculation of BAH across the Department of Defense and
whether adjustments to the current methodology are necessary to
more realistically determine the rates of BAH.
Bereavement Study
The committee notes the seriousness with which the
Department of Defense takes the death of any service member and
believes that a review of the programs and processes related to
this issue is of importance to assure that family members are
appropriately cared for during this trying time. Therefore, the
committee directs the Secretary of Defense to submit a report
to the Committee on Armed Services of the House of
Representatives, not later than March 1, 2022, on the
Department of Defense and military departments' Casualty and
Mortuary Affairs programs, including an update on the status
and effectiveness of the Gold Star Advocate Program and the
status of implementation of Government Accountability Office
recommendations (GAO-16-569) designed to enhance the
effectiveness of the Gold Star Advocate Program. The report
shall include information on the governance of the Casualty
Assistance Program, goals and metrics used to track the
effectiveness of the program, and information on the
implementation of casualty assistance officer training and its
effect on the quality of the program.
Child Development Centers
The committee continues to be concerned with the deficit
between availability and demand for military child care across
Department of Defense installations. As the COVID-19 pandemic
has demonstrated, access to child care is vital to military
family readiness and quality of life. As such, the committee
notes that future resources for, and attention to, childcare
services should be prioritized to enable readiness and maintain
retention of service members. Accordingly, the Department
should consider incentives to encourage military spouses to
seek employment as nationally accredited childcare service
providers. The committee strongly encourages the Department of
Defense to continue its efforts to expand access to child care;
provide quality, affordable services; improve children's
educational programs; and incentivize employment opportunities
to attract qualified childcare staff.
Childcare Best Practices
The committee continues to be concerned that military
families continue to face shortages in the availability of
child care as the waitlists continue to grow. Child care is
also a readiness issue that needs to be addressed and the
military services should research new, innovative solutions to
this problem. The committee notes that some military
installations have had success in establishing community
partnerships with school districts, colleges, and nonprofit
organizations. This has allowed military installations to lease
vacant facilities for childcare operations or has led to
creative community partnerships. The committee believes that
every military installation should be attempting to replicate
these efforts to expand childcare access.
Therefore, the committee directs the Secretary of Defense
to submit a report to the Committee on Armed Services of the
House of Representatives not later than February 1, 2022, on
what efforts nationwide and across the military services are
being undertaken to expand community relationships and
partnerships with community-based childcare providers. The
report should also highlight what barriers exist that deter
innovative solutions to the expansion of military childcare
facilities.
Comptroller General of the United States Review of Certain Professional
Development Activities of Department of Defense Education Activity
Employees
The committee directs the Comptroller General of the United
States to conduct an assessment of professional development
activities offered or required by the Department of Defense
Education Activity (DODEA) of teacher and other school-level
employees, including an evaluation of how useful and effective
DODEA school-level employees find this professional
development. The report shall also include a comparative review
of DODEA's professional development activities for school-level
employees and a representative sample of such activities in
school districts in the United States, as selected by the
Comptroller General. The report shall also include an
evaluation of the benefits and utility of DODEA's requirement
that certain school-level employees perform 24 hours of
uncompensated professional development activities each school
quarter outside of normal working hours.
The committee directs the Comptroller General to provide a
report to the House Committee on Armed Services on its findings
by May 9, 2022.
Department of Defense Education Activity Standardized Record System
The committee is concerned about the standardization of all
student records throughout the Department of Defense Education
Activity (DODEA) and the specific tracking of students that are
gifted or have exceptional needs, including formal Exceptional
Family Member Program students. Therefore, the committee
directs the Secretary of Defense to submit a report to the
Committee on Armed Services of the House of Representatives not
later than April 1, 2022, that assesses the feasibility of
developing an electronic records system that follows students
through the DODEA system when they move between permanent
change of duty stations. This feasibility assessment will
consider the inclusion of their standardized test scores and
placement data so that routinely retaking courses or tests is
unnecessary.
Hazardous Duty Pay Parity
The committee recognizes the important contributions of
paratroopers serving throughout the military. However, the
committee is concerned that a disparity in hazardous duty pay
may exist between Active Component and Reserve Component
paratroopers. Therefore, the committee directs the Secretary of
Defense to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives not later than
April 1, 2022, assessing whether a hazardous duty pay disparity
exists between components, rationale for any potential
disparity, any cost associated with bringing these pays in
direct alignment, and recommendations that should be considered
for legislative action.
In-Home Childcare Licensures
The committee continues to be concerned about the
availability of child care and the emphasis that the Department
of Defense has put on in-home childcare licensures. Therefore,
the committee directs the Secretary of Defense to submit a
report to the House Committee on Armed Services not later than
February 1, 2022, on childcare licensures and in-home provider
care on military installations. The report will answer the
following questions:
(1) how many in-home licenses have been applied for;
(2) how many were granted;
(3) how many are needed;
(4) how long does the licensing process take;
(5) is the process too cumbersome and bureaucratic to be
useful as it stands; and
(6) how can the application process be shortened or speeded
up.
Military Families' Safety on Installations
The committee is aware of concerns over physical safety for
families living on and off some Department of Defense
installations. Most recently, the November 2020 Fort Hood
Independent Review Committee findings suggested a significant
and growing concern from soldiers and their families not
feeling safe in their own homes on and off post. The committee
views this as a potential problem beyond Fort Hood, Texas, that
may include other installations. The committee encourages the
Department of Defense to assess the safety needs of service
members and their families. Moreover, the committee strongly
urges the Department of Defense to add questions about physical
safety on and off post to the biennial military spouse survey
as required by section 1782 of title 10, United States Code.
Military Internship Program Feasibility Study
The committee recognizes the importance of the Military's
recruitment efforts and an installation's relationship with the
local civilian community. Additionally, the Military is
uniquely situated to enhance the educational system of local
civilian school systems due to the Military's deep pool of
talent and wide variety of unique learning opportunities. The
committee notes that the Military relies on a wide array of
highly technical and skilled servicemembers who operate in the
field of Science, Technology, Engineering, and Mathematics
(STEM). Partnering STEM-oriented servicemembers with local
civilian students in an internship program may improve interest
in STEM curricula and the long-term STEM talent in the U.S.
economy overall. Enlarging the talent pool of well-educated
STEM professionals in the U.S. will also improve our position
against near-peer competitors who are investing significant
resources and effort into STEM-related fields.
Accordingly, the committee is seeking information from the
Department of Defense about the feasibility of executing a STEM
internship program with local civilian schools and universities
to expand military relationships in the community and boost
STEM-related educational opportunities for local civilian
students. The committee directs the Secretary of Defense to
provide a report to the Committee on Armed Services of the
House of Representatives not later than June 1, 2022 on whether
it is feasible to execute a STEM-centric internship program
with civilian educational institutions. A ``civilian
educational institution'' is any civilian high-school, college,
vocational school, community or junior college, or university.
The committee further directs the Secretary of Defense to
include information and recommendations based on, but not
limited to:
(1) A summary of any existing military internship programs
or similar partnership with civilian educational institutions;
(2) The cost of executing a military internship program and
the estimated benefit to the military, local community, and
overall U.S. economy;
(3) Anticipated difficulties with executing or implementing
such an internship program, including possible legal liability
concerns;
(4) Military installation physical security considerations
implicated with civilian students temporarily traveling on and
off installation for the internship program;
(5) Limitations for the internship program due to
classification or other security requirements;
(6) Considerations specific to civilian students within the
Department of Defense Education Activity;
(7) Logistics regarding the local travel of apprentices and
service members to execute the military internship program;
(8) A vetting process for servicemembers selected to
supervise a civilian apprentice;
(9) The availability of interactive, hands-on learning and
skill-building opportunities for the civilian internship;
(10) The possibility of the military internship providing
school credit hours or degree competition credit;
(11) The relation of internship program participation and
Service recruiting efforts;
(12) The possibility of a military service commitment as a
payback for participation in the military internship program;
and
(13) Recommendations for three military installations in
which to execute a pilot program for a STEM-centric military
internship program.
Portability of Professional Licenses of Servicemembers and their
Spouses
The committee believes that a service member or the spouse
of a service member with a professional license in good
standing in a jurisdiction that relocates his or her residency
because of military orders for military service to a location
that is not in such jurisdiction, the professional license or
certification of such servicemember or spouse should be
considered valid at a similar scope of practice and in the
discipline applied for in the jurisdiction of such new
residency for the duration of such military orders. The
committee believes that the professional license or
certification of such servicemember shall be considered valid
if they provide a copy of such military orders to the licensing
authority in the jurisdiction in which the new residency is
located, remain in good standing with the licensing authority
that issued the license, and submits to the authority of the
licensing authority in the new jurisdiction for the purposes of
standards of practice, discipline, and fulfillment of any
continuing education requirements.
Therefore, the committee directs the Secretary of Defense
to issue a report to the House Armed Services Committee no
later than March 31, 2022 detailing the status of existing
interstate compacts, how many have been completed, the costs
associated and the challenges that remain to implement a
uniform process across the Department of Defense. The report
should further detail the annual breakdown by state and
profession of military spouses that seek state re-licensing
after relocating due to military orders.
Report on Access to Financial Institutions on Military Installations
The Committee recognizes the importance of access to
financial services for the military community. Furthermore, the
committee recognizes that competition helps to facilitate more
affordable and tailored products for consumers and protection
from predatory lenders. Limited access to financial services,
particularly for those posted at geographically isolated
military installations can cause hardship for servicemembers
and their families. Greater insight into the availability of
financial services on military installations is needed.
Accordingly, the Committee directs the Secretary of Defense to
submit a report to the Committee of Armed Services of the
Senate and House of Representatives, not later than July 1,
2022 on the following:
(1) The availability of financial services institutions on
military installations.
(2) The degree to which servicemembers and other personnel
that live or work on military installations have the ability to
choose between different financial services providers,
including banks and credit unions on military installations.
(3) Federal policies and regulations impacting access for
financial services providers that seek to offer their services
on military installations.
(4) A description of how the Department calculates the in-
kind value of services provided by financial institutions on
military installations, and whether the inkind value calculated
for these services can be used to partially or fully satisfy
the fair market value requirement for leasing non-excess
property on military installations pursuant to section 2667 of
title 10, United States Code.
Report on Naval Special Warfare
Naval Special Warfare (NSW) has been at the forefront of
the Navy's counterterrorism (CT) mission since the terrorist
attacks on September 11, 2001 and the force has grown
exponentially since. Non-SEAL NSW support personnel performing
administrative duties, intelligence collection and
communications have assisted and gone into the fight alongside
the Navy SEALs on the battlefields of Afghanistan, Iraq and
beyond.
However, while NSW are performing Type-2 Sea Duty, their
level of incentive-based pay differs significantly from their
counterparts performing the same duties onboard a ship. This
disparity in compensation can be up to $8,000 per year.
The committee believes this disparity creates a financial
burden on these Sailors and their families that can affect
retention of experienced NSW sailors, which may affect mission
readiness.
Therefore, the committee directs the Secretary of the Navy
to submit a report, no later than February 1, 2022, to the
House Committee on Armed Services, analyzing their ``sea time''
eligibility and the pay discrepancy between Type-2 Sea Duty
tours in NSW and onboard ships, how this may affect readiness,
and a proposal to address this concern.
Report on STEM Talent Recruitment and Retention
The committee is concerned with the Department of Defense's
ability to recruit personnel with specialized degrees.
Therefore, the Secretary of Defense shall submit a report to
the House Armed Services Committee and the Senate Armed
Services Committee, no later than April 1, 2022, with a list of
degrees, certificates, and certifications in areas of critical
need, including but not limited to science, technology,
engineering, mathematics, cyber security, artificial
intelligence, quantum computing and language-based security,
that the Department is failing to meet recruitment and its
retention goals. The report should include the challenges the
Department is facing to meet such goals and recommendations for
improving recruitment and retention of personnel with
specialized degrees and certifications that the Department is
failing to recruit and retain.
Report on the counting of military servicemembers and their families
for purposes of completing the decennial census
The committee directs the Secretary of Defense to submit a
report to the Committee on Armed Services of the House of
Representatives by February 1, 2022, on recommendations to more
accurately count military servicemembers and their families for
purposes of completing the decennial census.
The committee further directs the report to include:
(1) Whether increased coordination between the Department
of Defense and the Census Bureau would contribute to a more
accurate decennial census count; and
(2) What type of coordination between the Department of
Defense and the Census Bureau might contribute to a more
accurate decennial census count while maintaining privacy
protections of military servicemembers and their families.
Reserve Component Service Member Benefits
The committee is concerned that the earned post-service
benefits for Reserve Component service members, specifically
career reservists, are not being communicated to them in a
clear, concise, and easily understandable manner and therefore
these service members may not ultimately access these earned
benefits. Because of the nature of Reserve Component service
with breaks in activation, or the length of time between
service and discharge or retirement, a clear communication and
understanding of how to qualify for or have access to post-
service benefits for reservists is critical. Therefore, the
committee directs the Secretary of Defense to submit a report
to the Committee on Armed Services of the House of
Representatives, not later than March 1, 2022, that describes
and assesses the process, timing, and comprehensiveness of the
communication of available post-service benefits to Reserve
Component service members, how many full-time reservists access
the GI Bill and at what rate as well as any recommendations to
increase GI Bill benefits for reservists.
Support for Teachers in Military Impacted Communities
The committee notes that the Department of the Air Force's
annual Support of Military Families report, which scores
communities on the quality of their public primary education,
is an attempt to encourage military-impacted communities to do
more to support military families. While the committee
understands the importance of such a report, there is concern
that the Department of Defense is not offering enough support
to address the highlighted areas of concern. As the Department
of the Navy and the Department of the Army each work to develop
their own reports, the committee is exploring ways to help
military-impacted communities to address identified
deficiencies, including improved support for teachers.
Therefore, the committee directs the Secretary of Defense,
in coordination with the Secretary of Education when necessary,
to submit a report to the House Committee on Armed Services by
March 1, 2022 on the following:
(1) Challenges faced by military-impacted communities when
recruiting and retaining teachers;
(2) Suggestions on how to improve recruitment and retention
of teachers in military impacted-communities;
(3) Recommendations on how the Department of Defense can
better support teachers in military-impacted communities;
(4) Comparison of teacher salaries and position openings in
military-impacted schools against state-wide averages.
LEGISLATIVE PROVISIONS
Subtitle A--Pay and Allowances
Section 601--Basic Needs Allowance for Low-Income Regular Members
This section would amend section 402 of title 37, United
States Code, to authorize the Secretary of Defense to pay a
basic needs allowance to a qualified service member.
Section 602--Equal Incentive Pay for Members of the Reserve Components
of the Armed Forces
This section would require the Department of Defense to
provide Reserve and National Guard service members incentive
and special duty pays at the same rate as their Active Duty
counterparts.
Section 603--Expansions of Certain Travel and Transportation
Authorities
This section would amend titles 10 and 37, United States
Code, to make permanent existing travel and transportation
authorities that will expire after December 31, 2021. Section
631 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81) consolidated travel and transportation
allowances with the intent for the Department of Defense to
reform and update those policies using the new broader travel
and transportation authorities.
Section 604--Unreimbursed Moving Expenses for Members of the Armed
Forces: Report; Policy
This section would direct a report by the Department of
Defense on unreimbursed expenses for service members and their
families during their moves broken out by rank, service, and
military housing area.
Section 605--Report on Relationship between Basic Allowance for Housing
and Sizes of Military Families
This section would require a report by the Department of
Defense on whether the basic allowance for housing is
sufficient for the average family size of members of the Armed
Forces, broken out by service, rank, and military housing area.
Section 606--Report on Temporary Lodging Expenses in Competitive
Housing Markets
This section would direct the Department of Defense to
report on the appropriateness of the 10 days of per diem for
Temporary Lodging Expense in highly competitive housing
markets.
Section 607--Report on Rental Partnership Programs
This section would require a report on rental partnership
programs including the effectiveness of the programs and usage
by service members who live off post.
Subtitle B--Bonuses and Incentive Pays
Section 611--One-Year Extension of Certain Expiring Bonus and Special
Pay Authorities
This section would extend, through December 31, 2022,
income replacement payments for Reserve Component members
experiencing extended and frequent mobilization for Active Duty
service; two critical recruitment and retention incentive
programs for Reserve Component healthcare professionals;
accession and retention incentives for nuclear-qualified
officers; and the consolidated special and incentive pay
authorities.
Subtitle C--Family and Survivor Benefits
Section 621--Expansion of Parental Leave for Members of the Armed
Forces
This section would amend section 701 of title 10, United
States Code, to expand parental leave for qualified service
members to 12 weeks.
Section 622--Transitional Compensation and Benefits for the Former
Spouse of a Member of the Armed Forces Who Allegedly Committed a
Dependent-Abuse Offense during Marriage
This section would modify section 1059 of title 10, United
States Code, to clarify the timing for eligibility of
transitional compensation for dependent-abuse offenses during
marriage to a service member.
Section 623--Claims Relating to the Return of Personal Effects of a
Deceased Member of the Armed Forces
This section would authorize claims for reimbursement for
the personal effects of deceased members of the Armed Forces
that were damaged, lost, or destroyed when being returned to
designated persons.
Section 624--Expansion of Pilot Program to Provide Financial Assistance
to Members of the Armed Forces for In-Home Child Care
This section would authorize the expansion of the in-home
childcare fee assistance pilot program.
Section 625--Continuation of Paid Parental Leave for a Member of the
Armed Forces upon Death of Child
This section would authorize commanders to allow service
members to complete the remainder of their preapproved primary
or secondary caregiver leave following the death of the child
for whom the leave was taken.
Section 626--Casualty Assistance Program: Reform; Establishment of
Working Group
This section would establish a Casualty Assistance Reform
Working Group to assess the casualty affairs programs across
the Department of Defense.
Subtitle D--Defense Resale Matters
Section 631--Additional Sources of Funds Available for Construction,
Repair, Improvement, and Maintenance of Commissary Stores
This section would provide the Defense Commissary Agency
(DeCA) with flexibility in addressing commissary store
construction, renovation, repairs, and upgrades by allowing
DeCA to deposit additional revenues into the surcharge account
established pursuant to section 2484 of title 10, United States
Code.
Subtitle E--Miscellaneous Rights and Benefits
Section 641--Electronic or Online Notarization for Members of the Armed
Forces
This section would authorize electronic notarization for
members of the Armed Forces.
TITLE VII--HEALTH CARE PROVISIONS
ITEMS OF SPECIAL INTEREST
Acceleration of Malaria Treatments
The committee remains concerned about the negative impact
to mission readiness resulting from poor compliance with
malaria prevention regimens in Active Duty forces. Advances in
the development of oral, ultra-long-acting drug delivery
platforms have the potential for significant health
improvement, drug efficacy, and cost savings for the Department
of Defense. The committee encourages the acceleration of the
development of oral, ultra-long-acting, sustained-release
delivery platforms for bioavailable therapies for treatment of
service members deployed in malaria-endemic areas.
Adverse Event Reporting
The committee commends the Department of Defense for its
continued educational efforts to service members on dietary
supplement use and safety through the Operation Supplement
Safety Program (OPSS). The committee recognizes dietary
supplement use is 20 percent higher in service members than the
civilian population, with a minimum of 60 percent of healthcare
providers observing adverse events in service members. Adverse
events from dietary supplements for weight loss, muscle
building, and energy affect service members' health, readiness,
and performance. The Food and Drug Administration's (FDA's)
adverse events reporting data shows that these types of dietary
supplements are three times more likely to cause severe medical
injury than vitamins or minerals. Research shows that adverse
events from these dietary supplements include organ failure,
heart attack, seizure, stroke, tremors, and other medical
injury including death. The committee acknowledges the FDA's
existing adverse event reporting system and recognizes the
Military Health System's need to track adverse events data and
share with the FDA to better protect the health, readiness, and
performance of service members. The committee encourages the
Department of Defense to include adverse event reporting for
dietary supplements within military electronic health records
and to regularly share these data with the FDA's system for
tracking adverse event reports.
Adverse Events Reported for Dietary Supplements
The committee commends the Department of Defense (DOD) for
its efforts to educate service members on safe dietary
supplement use through the Operation Supplement Safety Program.
The committee acknowledges the FDA's existing adverse event
reporting system and recommends that the DOD include adverse
event reporting for dietary supplements within military
electronic health records. The Committee directs the Secretary
of Defense to provide a report to the congressional defense
committees not later than March 1, 2022 on the instances of
adverse events reported for dietary supplements.
Blast Injury Health Policy Review
The committee commends the Department of Defense for its
continued research and development activities related to blast
injuries and the diagnosis and treatment of traumatic brain
injury (TBI).
Although the Department has spent approximately $1.8
billion over the last 10 years on TBI-related research and
development, it has pursued only a handful of projects focused
on TBI preventative devices. The committee is aware of the U.S.
Special Forces Command's Comprehensive Strategy for Special
Operations Forces Warfighter Brain Health and the Blast
Exposure Monitoring (BEMO) initiative to operationalize and
deploy automated blast exposure monitoring among service
members and recommends the Department evaluate BEMO as a model
for service-wide blast exposure monitoring. The committee also
urges the Department to develop a comprehensive strategy for
deployment of automated blast monitoring across the force to
include development, program management, and acquisition, and
consider non-helmet TBI preventative devices as part of the
effort to reduce the risk of blast and non-blast related TBI in
training and in combat.
The committee directs the Secretary of Defense to provide a
briefing to the House Committee on Armed Services, not later
than February 1, 2022, that includes the following:
(1) a comprehensive Department of Defense strategy to
provide joint strategic direction to the Department and
Military Health System including standardized operational
requirements for neurotrauma prevention, detection, diagnosis,
treatment (to include non-combat related concussion and blast
exposure), and integration of training programs for innovative
solutions necessary to enhance warfighter performance through
targeted specific mental health assessment, data metrics, data
analysis, training, and implementation.
(2) an incorporation of findings and recommendations of the
forthcoming National Academies of Science, Engineering, and
Medicine study on neurotrauma.
(3) an assessment of the impact of broadening the
definition of a military acute concussive event for
establishing the collection and documentation of exposure
information that will support the Department of Defense as it
sets formal thresholds and then modifies those thresholds as
the science develops further.
(4) an assessment of non-helmet TBI preventative devices
that have Food and Drug Administration clearance and are in use
by numerous professional athletes that should be a key
component of the Department of Defense's holistic effort to
combat TBI, both in training and in combat.
(5) an assessment of the effectiveness of appropriated
defense research dollars (including Congressionally Directed
Medical Research Programs) in producing measurable improvements
in the prevention, detection, diagnosis, and treatment of brain
injury for service members with recommendations on improvement
to defense brain injury research oversight.
Burn and Wound Care Innovation
The committee understands that polytrauma injuries, such as
massive burns and open wounds, are among the most common combat
injuries. Burn wounds usually require debridement as soon as
possible after injury to preserve skin, remove dead tissue, and
avoid infection, which requires resources that are typically
unavailable in a battlefield environment. Burn wounds have a
high risk of infection that can lead to amputations, longer
hospital stays, and complications, resulting in longer, more
challenging rehabilitation for service members, including the
possibility of being unable to return to duty or active life.
The committee directs the Secretary of Defense to provide a
briefing to the Committee on Armed Services of the House of
Representatives by February 1, 2022, that assesses possible
burn care innovations that can be used without a surgeon or
sterile environment that can treat burn wounds and result in
equal or better patient outcomes.
Chemical, Biological, Radiological and Nuclear Medical Response
The committee applauds the Secretary of Defense's
deployment of military assets to speed ongoing COVID-19
vaccination efforts in the United States. The committee also
notes that the Department of Defense provided significant
support to State and local agencies in the initial stages of
the national pandemic response in 2020. Not only did medical
units from the Army, Navy, and Air Force render invaluable
support, but other elements of the force, particularly the
National Guard, provided essential logistical and security
support to overwhelmed State and local governments and medical
facilities. While individual units did outstanding work, the
committee believes the Department's response could have been
better coordinated. Such coordination is essential, given the
disruptive nature and frequency of these events, from the West
African Ebola response in 2014 to the present.
The committee believes that the United States military will
always be a primary supporting responder to mass events,
whether caused by infectious disease or an adversary-generated
chemical, biological, radiological, or nuclear (CBRN) event.
Unfortunately, the first time that line units, military medical
providers, and local authorities ever acted jointly is in the
occurrence of an actual event, as was the case of the 101st
Airborne Division (Air Assault) during the Ebola mission to
Africa. At no time were CBRN first line responders, military
healthcare providers, and local officials afforded the
opportunity to train jointly in the operational medical
response to an epidemic or CBRN attack. This deficiency must be
addressed. To that end, the committee understands that the CBRN
School at Fort Leonard Wood, Missouri, as well as other
locations with CBRN military capabilities may provide
integrated medical and line unit training for these types of
contingencies to remedy these gaps in training.
Therefore, the committee directs the Secretary of Defense
to submit a report to the congressional defense committees by
March 1, 2022, on plans to institute integrated medical, line
unit, and civil authority training for an epidemic or CBRN
event, to include possible locations for such training and the
capabilities that may be used during the training to include
throughput.
Clinical Trials for Freeze-Dried Platelets for Trauma
The committee remains concerned that platelet shortage for
hemorrhage control continues to impact battlefield casualties.
The committee is aware that forward deployed forces in austere
environments have limited resources available to treat injuries
on the frontline. The committee believes that ruggedized
packaging of freeze-dried plasma and platelets potentially
offers greater capabilities than currently fielded systems and
has the potential to reduce the loss of life in combat and
other environments. Therefore, the committee recommends the
Department of Defense continue to develop these products and
accelerate the clinical trials for trauma of freeze-dried
hemostatic products, to include platelet-derived products, and
the development of packaging suitable for far forward forces.
Coverage of Chiropractic Care Services under the TRICARE Program
The committee is aware that since 1985, the Department of
Defense has conducted several demonstration projects designed
to examine the cost and feasibility of chiropractic healthcare
services for its beneficiaries. The results of these projects
have concluded that it is feasible to implement chiropractic
services as part of the military health care benefit, and the
resulting patient satisfaction is higher than that seen with
traditional medical care. Moreover, complementary, and
alternative medicine is increasingly available in the private
sector and chiropractic care is covered by Medicare and some
private sector insurers. The committee understands the
Department of Defense is currently evaluating chiropractic care
services and similar therapies. Therefore, the committee
strongly encourages the Department of Defense to expand the
TRICARE benefit to include chiropractic care for service
members and beneficiaries.
Creative Arts Therapies
The committee recognizes that clinical research findings
indicate creative arts therapies (CATs) offered through the
Department of Defense appear to be having some successful
outcomes, including facilitating recovery from physical and
psychological injury, reducing symptoms associated with post-
traumatic stress disorder, regulating emotion, enhancing
resilience, and encouraging healthy independent coping
mechanisms. CATs have been used within the Department to
improve outcomes for service members experiencing trauma dating
back to World War II. However, there has been increased focus,
attention, and research in this area over the past decade. The
Department is currently compiling a report on the current use
of CATs and the outcomes of these therapies as well as demand
and resource requirements to expand these services. The
committee encourages the Department of Defense to further
examine the effectiveness of these treatments and potentially
expand initiatives involving CAT once patient outcomes are
better understood.
Determination of Eligibility for Adult Incapacitated Children of
Service Members
The committee understands there are approximately 31,000
incapacitated adult child dependents enrolled for benefits in
the Defense Enrollment Eligibility Reporting System. An
incapacitated adult child must be dependent on the Active Duty
or retired service member for over one-half of the child's
support. The Government Accountability Office (GAO) Report 20-
335 found the Department of Defense policy provides limited
guidance and inconsistent standards resulting in the military
services developing fragmented approaches for processing
applications. It also discovered that the calculations for some
incapacitated adult children were made based on a formula
called the Family Unit Rule. Moreover, the Marine Corps
apparently assigns all adults in the household, including
incapacitated adult children, two shares of household expenses,
and minor children one share, whereas the Defense Finance
Accounting Service, Army, Navy, and Air Force calculate these
shares differently, which creates an inconsistent application
of policy.
Therefore, the committee directs the Secretary of Defense
to submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than
February 1, 2022, that includes the following:
(1) revised guidance for financial determinations and
consistent medical standards for all of the military services
to use in determining the dependency status of incapacitated
adult children.
(2) consistent application of the Family Unit Rule which
assigns all adults in the household, including incapacitated
adult children, two shares of household expenses, and minor
children one share.
(3) clarification of the definition of a nondependent
family member in DOD Instruction 1315.19 and the circumstances
under which nondependent family members should be considered
for services provided by the Exceptional Family Member Program.
(4) clearly defined oversight responsibilities of the
Department of Defense Human Resources Activity and the military
services for the incapacitated adult child dependency process,
including the consistent tracking, monitoring, and reporting of
reliable data on incapacitated adult child dependency
applications and determinations across the military services
for use in data-driven decision-making.
(5) the status of other recommendations as reported in GAO
Report 20-335.
Discrimination against Military Dependents with Prior Mental Health
Conditions
The committee remains concerned that military children are
unfairly disadvantaged when they decide to join a military
service. Children in military families face stressful
situations--from their parents' deployment, frequent moves, and
changes in schools throughout their young lives--which may
result in them seeking mental health services and other forms
of counseling. These services are most often for temporary or
adolescent conditions where they show demonstrable improvement.
However, the use of these services may prevent them from
joining the military. The committee urges the Department of
Defense and the military services to amend their accession
criteria to address this specific scenario when making
determinations about medical waivers for accession.
Health Threat Travel Information
The committee is aware that the Department of Defense has
relied upon a combination of open-source information and
contracted resources to determine health threats and associated
force protection recommendations for Service members and
Department personnel during international travel. Expert-
reviewed information plays a critical role in assisting medical
planners and providers to better advise groups or individual
travelers, research threats, and save time.
Currently, the Department collects information at the
country-level, leading to gaps in knowledge when travel is
focused on sub-regions and/or cities. As a result, Department
planners and providers often must determine which country-level
information may or may not be relevant to specific sub-region;
and where sub-region-specific information is available,
oftentimes, it is less robust than available country-level
information. At the same time, the Committee is also aware of
user desire for additional information and functionality,
including information pertaining to environmental health
threats and ability to access health threat travel information
in classified, unclassified, and disconnected environments.
User-friendly access to health threat travel information is a
critical tool to help keep Service members and DoD personnel
safe.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the Committee on Armed Services of the
House of Representatives not later than February 1, 2022, on
any additional requirements it might have for health travel
threat information, including but not limited to:
(1) Environmental health threats;
(2) Poisonous animals and plants;
(3) City and sub-regional level data;
(4) Ability to access all information sources on both
classified and unclassified systems;
(5) Ability to access existing health threat information in
a disconnected and mobile environment.
Heat Illness Report
The committee recognizes that while effective techniques
and guidelines are in place to prevent exertional heat illness
(EHI), servicemembers continue to develop EHI with sometimes
fatal outcomes. The Armed Forces Health Surveillance Branch
(AFHSB) identified 475 incident cases of heat stroke and 1,667
incident cases of heat exhaustion among active component
service members in 2020. The Army Public Health Center reports
that 2-3 soldiers die annually from heat illness. The projected
rise in the intensity and frequency of extreme heat conditions
underscores that this threat will continue to grow and pose
dangerous health risks to servicemembers. Discrepancies
continue to exist in how heat-related clinical illnesses are
managed and reported, undermining valid comparisons across
locations and settings.
Therefore, the committee directs the Secretary of Defense
to submit a report to the Committees on Armed Services of the
Senate and House of Representatives by September 1, 2022,
detailing the efforts to reduce heat-related illnesses at U.S.
military installations. The study and report shall include
information and recommendations based on, but not limited to:
(1) An analysis of the number of heat stroke and heat
exhaustion cases that did not prompt mandatory reports through
the Reportable Medical Events System, and how the guidelines
for mandatory reporting, including diagnosis codes, of heat
illnesses should be updated.
(2) An analysis of whether the Department of Defense should
update heat related health guidelines to better reflect current
risks and projections of worsening extreme heat, especially
whether specific guidelines are needed for recruit training
centers.
(3) A description of the training and education on the
detection and prevention of heat-related illness that are
taking place across the military services.
(4) An accounting of how many black flag days were declared
at each military training location over the last five years, as
well as a plan to track black flag days on military
installations and compile the data in a central location,
accessible to the public.
(5) A survey military leaders' understanding and adherence
to medical protocols and best practices when personnel fall ill
due to extreme heat.
(6) As assessment of whether a public-facing online
resource center with scientific and educational resources that
provides data and guidance on heat related illness would be
valuable to increase servicemember knowledge and help reduce
the frequency of heat-related illnesses.
Holistic Health and Fitness Programs
The committee recognizes that preventable musculoskeletal
injuries negatively impact soldier health, Army readiness, and
impose a significant healthcare cost burden. The committee also
understands that the Army Holistic Health and Fitness (H2F)
Program is designed to optimize individual performance and
create stronger, fitter, and faster soldiers better prepared
for the practical challenges they face both on and off the
battlefield. Moreover, the committee recognizes that equipment
and facilities are essential elements of the H2F system and
that the Soldier Performance Readiness Center (SPRC) is an
integral part of the H2F programming, as it provides a
supportive individually focused fitness training environment
where comprehensive, integrated, and immersive physical and
nonphysical programming is delivered.
Therefore, the committee directs the Secretary of Defense,
in coordination with the Secretary of the Army and the Army H2F
Program, to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives, not later than
April 1, 2022, that includes the following:
(1) musculoskeletal injury prevention research efforts
focused on identifying risk factors for musculoskeletal
injuries among members of the Armed Forces and creating a
better understanding for adaptive musculoskeletal and bone
formation during initial entry military training.
(2) gaps in musculoskeletal injury prevention research to
include anticipated budget that would be suitable to fill these
gaps.
(3) recommendations on the designation of a program
executive office that would have oversight and management of
the Army's performance health and fitness equipment and
facility acquisition, contracting, and sustainment processes.
(4) recommendations to include a timeline on the
establishment of a sustainment cycle for SPRCs, container gyms,
Army Combat Fitness Test lane equipment, and used gyms-in-a-
box.
Impact of Mental Health Copays Report
The committee is concerned that increases in certain
TRICARE specialty care copays have had an impact on the
utilization of outpatient mental health visits and physical,
speech, and occupational therapy visits by Group A
beneficiaries. Therefore, the committee directs the Secretary
of Defense to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives not
later than March 1, 2022, that includes an analysis comparing
the utilization rates of outpatient mental health visits and
physical, speech, and occupational therapy visits by Group A
beneficiaries in 2016 and 2017 (before copays increased) to
utilization rates of these services in 2018 and 2019 (after
copays increased.) Data for 2020 will not be included due to
the impact of COVID-19 on healthcare utilization. Utilization
will be measured by unique users, average/median number of
visits per user, percent of users with only one visit,
distribution of users across binned number of visits (1 visit
only; 2-3 visits; 4-6 visits; 7-9 visits; 10-12 visits; more
than 12 visits) and other measures the Secretary deems
appropriate. For TRICARE Prime beneficiaries, the analysis will
assess the percentage of patients referred for these services
who actually accessed care. The analysis shall cross tabulate
data for each beneficiary sponsor category (Active Duty versus
retired versus medically retired) and TRICARE Plan (Prime
versus Select), given that copays vary across these groups.
Individual First-Aid Kits Improvements
The committee understands that improving troop readiness
and reducing preventable deaths on the battlefield are top
priorities. Individual first-aid kits (IFAKs) and combat
lifesaver kits (CLS) contain products that are designed to
improve lifesaving performance by every combatant. A simplified
supply chain with synchronized manufacturing for these products
is critical to serving the warfighter and effectively using
funding. The committee is concerned that the current logistics
systems may be unsynchronized and that IFAKs/CLSs in tactical
units require extensive management of approximately 180,000
single items, from depots to the individual service member
level, each with its own expiration date and Food and Drug
Administration (FDA) manufacturer lot number. Therefore, the
committee directs the Secretary of Defense to submit a report
to the Committees on Armed Services of the Senate and the House
of Representatives not later than May 1, 2022, that includes
the following:
(1) comprehensive review of the current procurement system
for the IFAKs/CLSs, including the following: the effects of
purchasing, and the locations and destination of IFAK
components from different contractors via different procurement
channels; shipping, fees and storage costs of the IFAK/CLS
components prior to kitting; personnel costs associated with
labeling and kitting the IFAKs; storage and shipping costs of
the IFAK/CLS prior to delivering the IFAK/CLS to the service
members; the different shelf life for each component in the
IFAK/CLS and its impact on readiness; estimated brigade unit-
level man-hours associated with monthly, quarterly, annual
requirements for inspection, inventory, documentation, and
reporting requirements for maintaining IFAKs/CLSs; and the
ability of the services and warfighter to track and conduct an
FDA-directed safety recall of an IFAK/CLS component.
(2) a review of the benefits of synchronizing the
manufacturing and kitting of individual IFAK/CLS components
throughout the entire supply chain in an FDA-registered
facility to ensure the quality of the first-aid kits and combat
lifesaver kits.
Innovations in Suicide Prevention Efforts
The committee recognizes that suicides are tragic events
that affect the military community on a daily basis and that
the military's response to suicidal thoughts, attempts, and
deaths involves clinical and non-clinical approaches. Clinical
efforts may include depression and suicide-specific screening
in primary care and during annual periodic health assessments.
Non-clinical efforts include activities such as facilitating
training of service members in problem-solving, coping skills,
and financial literacy. The committee is concerned that despite
these efforts to reduce the risk of suicide, the suicide rate
appears to be increasing at an alarming rate. Therefore, the
committee directs the Secretary of Defense to provide a
briefing to the Committee on Armed Services of the House of
Representatives, not later than March 1, 2022, on how the
Department of Defense and the military services are
incorporating innovative technologies such as artificial
intelligence and machine learning in identifying at-risk
individuals, as well as the usefulness of predictive analytics
in this arena. In addition, the briefing should include how the
Department of Defense and the military services are measuring
the effectiveness of recently deployed risk reduction tools
such as the Army Commander Risk Reduction Toolkit, the Navy's
Commander Risk Mitigation Dashboard, the National Guard's
Springboard, and the Marine Corps' Command Individual Risk and
Resiliency Assessment System at aggregating risk indicators for
suicide prevention.
Medication Optimization Plan
The committee recognizes that 99 percent of those who have
served in the military have at least one actionable
pharmacogenomic variant, every 2 minutes someone dies from an
adverse drug event (ADE), and over half of people are
prescribed at least one drug where pharmacogenomic information
would be critical to dosage or patient harm. Moreover,
pharmacogenomic testing, analysis, alerting, and entry into the
military electronic health record system may be an essential
part of precision medicine and has the potential to save
service members' lives, improve outcomes, and lower
expenditures.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the House Committee on Armed Services
not later than March 1, 2022, on how the Department of Defense
may be able to implement a plan to optimize medications and
reduce ADEs among service members and dependents. This plan
should include an assessment of:
(1) the current strategies used to optimize medications and
reduce ADEs, including the role of pharmacists;
(2) the feasibility of incorporating pharmacogenomic
testing and clinical decision support tools and aligning
efforts across the Defense Health Agency, the military
departments and the Military Health System;
(3) an implementation plan to integrate pharmacogenomic
testing results into the electronic health record in a manner
that informs medication management decisions long term;
(4) any existing acquisition authorities that may be used
to catalyze innovative partnerships to rapidly achieve this
effort; and
(5) any costs associated with the potential implementation
plan.
Mental Health Services
The committee is concerned that the demand for mental
health-related services within the Department of Defense may be
at a critical breaking point. The recently released Government
Accountability Office Report 21-437R indicated that COVID-19
has further exacerbated mental health access challenges across
the United States. The Centers for Disease Control and
Prevention surveys found about 38 percent of respondents
reported symptoms of anxiety or depression from April 2020
through February 2021, up from about 11 percent in 2019.
Emergency department visits for overdoses and suicide attempts
from mid-March to mid-October 2020 were up 36 percent and 26
percent, respectively, from 2019. Many behavioral health
service providers reported increasing demand and decreasing
staff sizes.
Therefore, the committee directs the Secretary of Defense
to submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than
February 1, 2022, that includes the following:
(1) a review of how the Health Professions Scholarship
Program can be expanded to increase the number of mental
health-related scholarships granted, with the goal of
increasing the pipeline of mental health providers.
(2) a review of how the Department of Defense can
prioritize an increase in Special and Incentive Pays to
maximize the retention of Active Duty mental health providers.
(3) a review of how the Department of Defense can increase
General Schedule paygrades for mental health providers working
in military treatment facilities.
(4) a plan to establish a pilot program that uses
information technology-based human performance synthetic
training systems capable of advanced biometric data collection
and reporting that can be used to: establish and monitor
cognitive and physical baselines for service members throughout
their careers and aid in forecasting, assessment, and diagnosis
of mental health issues, including post-traumatic stress
disorder (PTSD); explore the effectiveness of integrating PTSD
resiliency skills with warfighter tactical training; and
utilize data analytics to improve training protocols and
effective mitigation strategies and tactics.
Military Wellness Programs
Congress is aware of the significant challenges the
Department faces regarding both the readiness and health of the
force. The Committee commends the Department for placing a
priority on and making a concerted investment in these matters.
A key aspect to this focus is the integration of human and
technological factors to enhance traditional approaches to
readiness. The explosive growth in membership to a military
wellness community of interest should serve as an indicator
that our soldiers, sailors, marines and airmen are reaching out
for assistance at an alarming rate. The significant interest of
programs like this give credence that proven, digital resources
may provide a connection and community for members is in high
demand.
Given the increasing costs associated with recruiting,
training and sustaining the armed forces, Congress encourages
the Department to continue their investment in existing
technologies within the private and non-profit sectors that
enhances their ability to analyze readiness data to better
inform the decision-making process. Accordingly, the committee
urges the Department to continue to resource these programs.
The Committee also directs the Secretary of Defense to submit a
report to the Committees of Armed Services of the Senate and
the House of Representatives no later than February 1, 2022, on
their plan to leverage existing digital solutions and
capabilities to aid DoD efforts to improve and sustain force
readiness.
Modernization of Antibiotics Acquisition Process
The committee is alarmed by the Future of Defense Task
Force findings that 80 percent of ingredients used to
manufacture drugs and 97 percent of antibiotics ingredients are
sourced from China. The committee is concerned about any
reliance on adversarial regimes and insecure supply chains
capable of crippling or halting access to critical medicines.
While the committee notes the increasing threat posed by
antimicrobial resistance and the threat of supply chain
disruption of critical ingredients and antibiotics, the
committee is also concerned that adversaries are engineering
bioweapons designed to defeat our outdated legacy
countermeasures. The committee recognizes the need for more
effective novel antibiotic countermeasures available for combat
care and bioterrorism response in the United States. The
committee strongly supports existing efforts to ensure domestic
sourcing of ingredients and production of novel antibiotics and
encourages the Department of Defense to modernize acquisition
and prioritize procurement of novel antibiotics.
National Disaster Medical System Medical Surge Pilot
The committee affirms the primary mission of the Military
Health System to ensure the medical readiness of the Armed
Forces and the combat effectiveness of the defense
establishment. While this fundamental cornerstone of defense
health is undisputed, the committee is concerned that more
attention must be placed on medical capabilities and surge
capacity required for the global pandemic and homeland defense
mission. To address this need, section 741 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) directed implementation of a
pilot program for civilian and military partnerships to
increase medical surge capability and enhance interoperability
of the National Disaster Medical System (NDMS). The committee
also observes that the House Appropriations Committee
Subcommittee on Defense, in its committee report to accompany
the Department of Defense Appropriations Bill, 2021 (H. Rept.
116-453), similarly directed accelerated execution of this
pilot program and directed that a first location partnership be
underway in calendar year 2021. The congressional defense
committees remain concerned about the medical, surveillance,
and preventive medicine capabilities of the Military Health
System to support both a global pandemic and homeland defense
mission.
In view of these mission requirements and clear
congressional authorization, the committee is also concerned
that funding for this program was not included in the Defense
Department's Fiscal Year 2022 budget request and notes that
without sufficient resources, the transition from planning to
execution could be jeopardized. Therefore, the committee urges
the Secretary of Defense to include sufficient funding in the
department's Fiscal Year 2023 budget request necessary to
execute a full-scale operational public-private partnership
prototype of an all-hazards medical surge capability.
Therefore, the committee directs the Secretary of Defense
to submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than March
1, 2022, that includes the following:
(1) the medical, surveillance, and preventive medicine
capabilities that would be used to support a global pandemic
and health-related homeland defense missions;
(2) a list of the coordination, exercises, and support
agreements between the Department of Defense and NDMS partners;
(3) a rough order of magnitude on the bed capacity that
would be available to the Department of Defense through NDMS
partner healthcare facilities;
(4) the gaps that currently exist between the Department of
Defense and NDMS partners; and
(5) a rough estimate of cost associated with fixing any
gaps that would improve the capabilities between the Department
of Defense and NDMS partners.
National Guard Telehealth Capability
The committee notes that the Periodic Health Assessment
(PHA) is a screening tool used by the Armed Forces to evaluate
the individual medical readiness of service members. It is the
first of what may be several activities that provide the
information needed by the surgeons general to assess individual
mission readiness. Administration of the PHA for the Guard and
Reserves is uniquely challenging.
Members of the Guard and Reserves, who generally live and
work in their communities rather than on a military
installation, have multiple training requirements and limited
time during drill weekends. Currently, the PHA must be
completed with a secure military facility computer or via a
Common Access Card (CAC)-enabled computer (not a mobile
device). Completion of the PHA requires that the Guard or
Reserve member have access to a computer and CAC card reader,
take time off work and travel to a military facility to use a
military computer, or take time away from training to complete
the PHA during training time. It is logistically and
administratively difficult and places burden on members of the
Guard and Reserves.
As a result, the committee urges the National Guard to
establish a secure mobile application that provides the
capability for a member of the National Guard to complete the
PHA self-assessment and follow-up information and screenings on
a personally owned smartphone, tablet computer, or other
handheld mobile device that can communicate with a military
network. Therefore, the committee directs the Chief of the
National Guard Bureau to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
not later than March 1, 2022, on the plan and progress for
implementing telehealth Periodic Health Assessments.
Ocular Trauma Specialized Care
The committee understands the goals of the Department of
Defense Vision Center of Excellence are to improve vision
health, optimize readiness, and enhance quality of life for
service members and veterans. However, the committee is
concerned that recent medical manning divestitures taken on by
the military medical departments of the services may adversely
impact the availability of ocular services throughout the
Department of Defense. Therefore, the committee directs the
Secretary of Defense, in coordination with the Chairman of the
Joint Chiefs of Staff and the Secretaries of the military
departments, to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than March 1, 2022, that includes the following:
(1) a review of medical manpower warfighter readiness,
requirements, and capabilities for vision trauma and ocular
care to include training and Graduate Medical Education as they
relate to all national defense strategy scenarios.
(2) any planned military medical manning divestitures in
all areas of ocular to include sensory injuries with
ophthalmology and optometry requirements by service and
location.
(3) the feasibility of establishing at least four regional
medical hubs for enhanced treatment of ocular trauma and
traumatic brain injury vision dysfunction injuries with the
hubs associated with a major military medical center as the
primary center for providing specialized medical services in
that region and co-located with major aerial debarkation points
within the medical evacuation system.
(4) an analysis of access standards and funding for ocular
services over the last 5 years in both the direct care system
and purchased care.
Omega-3 Fatty Acids
The Committee is aware the Department of Defense is taking
steps to improve the health, performance, and combat
effectiveness of service members by modifying the food and
beverages offered at such dining halls, including looking at
ways that minimize the change for service members. Moreover,
the Committee understands that there is a positive relationship
between a high quality, nutrient dense diet that includes
Omega-3 fatty acids and Service member health and performance
that has been well established through decades of historical
knowledge within the nutrition community, along with a series
of recent research studies. However, the Committee notes that
the Department of Defense needs to provide additional
information on the way forward regarding diet and nutrition.
Therefore, the Committee directs the Secretary of defense to
provide a briefing to the Committee on Armed Services of the
House of Representatives no later than March 1, 2022 on the
plan to move forward with the development of the DoD Nutrition
Committee framework and governance structure, the
identification of the organizational champion and leader, and
the plan of action and milestones for implementation of DoD
diet and nutrition.
Prohibition on Sale of Genetic Testing Kits
The Committee remains concerned that some direct to
consumer genetic testing companies continue to encourage
service-members to purchase genetic ancestry and health
information by offering discounts and other incentives. These
direct-to-consumer tests are largely unregulated and could
expose genetic and personal information with unintended
security consequences and risk to the mission of the joint
force. In some instances, this genetic testing material may
fall into the hands of near peer competitors that may use this
information to gain a national security advantage. Moreover,
testing outside the Military Health System is unlikely to
include a clear description of this risk. The Department of
Defense has advised service-members to refrain from the
purchase and use of direct to consumer genetic services.
Therefore, the Committee directs the Secretary of Defense to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than
February 1, 2022, that includes the efforts being undertaken
throughout the Department of Defense and the Military
Departments to educate and inform service-members on the
personal and professional security risks of direct to consumer
genetic testing and any policy guidance provided to the joint
force on the security concerns posed by consumer genetic
testing of military service members.
Rare Cancer Treatment Report
The committee commends the Department of Defense for
starting to address exposure risks that can correlate with
cancer, but remains concerned about how care is provided to
service members following diagnosis of cancer. Over 60 cancers
disproportionately impact those who have served in the military
and most are rare cancers, defined as fewer than 6 new cases
per 100,000 Americans per year. Few targeted treatments are
being developed and made available for service members and
understanding the specific molecular driver for each patient's
cancer is vital to informing the best treatment.
The committee directs the Secretary of Defense to submit a
report to the Senate Committee on Armed Services and the House
Committee on Armed Services not later than March 1, 2022, that
includes the following:
(1) a description of the specific types of molecular
diagnostics, such as microarray, whole exome, and RNA
sequencing, which the Department of Defense is providing to
beneficiaries diagnosed with cancer and their frequency of use;
(2) the Department's detailed policy for data-sharing
practices for cancer cell lines and models with the external
research community;
(3) the feasibility of the Department to engage in public-
private partnerships to use a next-generation, precision-
oncology platform that integrates bioinformatics, machine
learning, and mathematics to unveil unprecedented insights into
cancer and moves beyond a single-target-based approach. This
approach should seek to identify complex and interconnected
mechanisms responsible for drug response and resistance
revealed in the human transcriptome to determine the best
treatments and facilitate developing new ones and any potential
costs associated with this; and
(4) the method by which the Department provides information
to all clinicians treating TRICARE and Military Health System
patients on the value of using molecular diagnostics for all
cancer patients and reimburses for these important diagnostics
at the time of diagnosis.
Retrofitting Buildings with Lactation Rooms
The Committee believes that access to clean and private
spaces for lactating and nursing individuals is important for
the health of military families and our efforts to recruit and
retain nursing parents in the military and the DOD civilian
service. The Committee urges the Department to utilize funds
provided in the Facilities, Sustainment, Restoration and
modernization account to retrofit existing DOD facilities with
lactation spaces. The Committee directs the Under Secretary of
Defense for Acquisition & Sustainment to provide a report to
the congressional defense committees no later than June 1, 2022
regarding its plan for a phased retrofit of facilities to
include private nursing and lactation rooms in 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.
Review of Efforts to Address Service Member Fatigue
The committee notes that the Department of Defense's own
reports have found that sleep deprivation is common in the
military, and this impacts military performance and readiness.
In its March 2021 report prepared in response to section 749 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), the Department noted that although
military leaders are increasingly recognizing the importance of
adequate sleep, further shifts in cultural attitudes regarding
sleep deprivation will help ensure the optimization and
sustainment of service member performance and health. This
report recommended that the Department establish policy to
promote a culture shift with regard to prioritizing adequate
sleep in the military and noted several actions would be needed
to accomplish this culture shift. However, the committee notes
the difficulty of accomplishing such a cultural shift in the
military. The Government Accountability Office's 2021 report
examining fatigue management in the Navy's surface fleet in the
wake of the deadly collisions in 2017 found that the Navy's
fatigue management policy had been inconsistently implemented,
had not been successful in ensuring adequate sleep throughout
the fleet, and was hindered by a lack of quality information on
the extent of fatigue and the contributing factors. As a
result, the committee remains concerned about the Department's
broader efforts to limit sleep deprivation.
Therefore, the committee directs the Comptroller General of
the United States to undertake a comprehensive review of the
Department's efforts to limit sleep deprivation and manage
fatigue. This review should address the following:
(1) the extent to which the Department and the services
have established and implemented fatigue management policies
throughout the force that prioritize service members obtaining
adequate sleep.
(2) the extent to which the Department and the services
systematically collect quality and timely fatigue data from
service members, and whether that data is accessible to
operational commanders to support operational decision-making
throughout the force.
(3) the extent to which the Department and the services use
collected data, if any, on service member fatigue to identify,
monitor, evaluate, and implement effective mitigations to
address the factors contributing to fatigue and inadequate
sleep.
(4) any other related matters the Comptroller General
considers appropriate.
The committee further directs the Comptroller General to
provide a briefing to the House Committee on Armed Services by
April 1, 2022, on preliminary findings of the Comptroller
General's evaluation, and present final results in a format and
timeframe agreed to at the briefing.
Study on Alternate Treatments for Suicide Prevention
The committee recognizes that research on suicide
prevention continues to evolve, with new evidence-informed
practices continuing to come to light. Research, compiled by
the Costs of War Project at Brown University, found an
estimated 30,177 active duty personnel and veterans who have
served in the military since 9/11 have died by suicide,
compared with 7,057 killed in post 9/11 military operations.
Alternate forms of therapy such as seminars, retreats,
workshops, or outdoor recreational therapy events are gaining
attention in potentially preventing suicides. While attendance
by servicemembers at such seminars, retreats, workshops, or
outdoor recreational therapy events might increase their
wellness and well-being, there is insufficient evidence about
their efficacy in reducing suicides in the military community.
Therefore, the committee directs the Secretary of Defense to
submit a report to the Committee on Armed Services of the House
of Representatives not later than April 1, 2022, that assesses
the feasibility of incorporating these types of alternate
suicide prevention treatments into current DoD suicide
prevention treatment plans. The feasibility assessment should
include any evidence on the benefits or drawbacks of these
treatments.
Telehealth Licensure Flexibility Review
The committee recognizes that the Department of Defense
implemented several temporary policy changes because of the
COVID-19 pandemic. The committee is interested in the
feasibility of retaining some of those policy changes in
effect, such as the waiving of certain licensing requirements
allowing interstate telehealth appointments with TRICARE-
authorized providers. Therefore, the committee directs the
Secretary of Defense to submit a report to the Senate Committee
on Armed Services and the House Committee on Armed Services by
March 1, 2022, on the feasibility and estimated cost of
extending these flexibilities permanently.
Traumatic Brain Injury Test Devices
The committee is encouraged by the recent Food and Drug
Administration (FDA) approval of a hand-held rapid blood test
for traumatic brain injury and commends the collaborative
partnership between the Department of Defense, industry, and
academia which produced this significant medical achievement.
The committee acknowledges the leadership of the U.S. Army
Medical Materiel Development Activity (USAMMDA) product
management team, their industry partners, and the significant
contributions of the Transforming Research and Clinical
Knowledge in Traumatic Brain Injury (TRACK-TBI) clinical
research team in this multi-year effort. The committee believes
this achievement represents a significant advancement in
warrior brain health and will enhance the Department's ability
to quickly and objectively evaluate service-members who have
suffered a potential brain injury during combat, training, or
routine daily activities. Based on its potential to improve
surveillance and early diagnosis of brain injuries across the
joint force, the committee directs the Secretary of Defense to
provide a briefing to the House Committee on Armed Services by
December 1, 2021 on the Department's strategy, fielding plan,
and anticipated resource requirements to equip medical element
and treatment facilities across the military health system with
FDA-approved blood-based TBI detection devices.
Tri-Service Nursing Research Program
The committee notes the Department of Defense has
significantly benefited from the research conducted by the Tri-
Service Nursing Research Program (TSNRP), yet its cooperative
agreement with the Uniformed Services University to conduct
those activities is to be terminated in fiscal year 2022. Since
1992, the TSNRP has continuously advanced the science and
research of military nursing to support mission readiness,
improve the health and quality of life of military personnel
and beneficiaries, and provide high-caliber nursing care around
the globe. Therefore, the committee strongly encourages the
Defense Health Agency, the Uniformed Services University, and
the services to renegotiate an agreement to allow the Tri-
Service Nursing Research Program to continue its critical work
in support of the Department of Defense and service members.
TRICARE Dental Contracting
The committee recognizes the importance and value of the
TRICARE Dental Program (TDP) to service members and their
beneficiaries. The committee is also aware that the plan to
transfer TDP to the Federal Employees Dental and Vision
Insurance Program (FEDVIP) resulted in unintended consequences:
increased beneficiary choices came at an increased cost to them
and limited the Department's ability to provide the benefit to
beneficiaries living overseas. The FEDVIP option would also
result in potential increased cost to government, convoluted
requirements between agencies to provide subsidies, and
complicated communication with beneficiaries. Therefore, the
committee directs the Secretary of Defense to provide a
briefing to the Committee on Armed Services of the House of
Representatives not later than February 1, 2022, on the plan to
transition the TDP contract that addresses the challenges
raised above.
TRICARE Healthcare Demonstration Project
The Committee notes that the Defense Health Agency's (DHA)
report on its objectives for the TRICARE program includes
efforts to incorporate industry best practices and innovation
to contain costs and increase beneficiary choice and access.
The Committee concurs with DHA's plans to implement
demonstrations to test a local market approach via direct
contracts that allow private sector health care plans and
providers to address the needs of beneficiaries with
innovative, value-based care; allow for more collaboration
between the plans and DHA; increase competition; improve
quality; benefit beneficiaries; and, contain costs.
The Committee recognizes there may be impediments for these
entities, particularly in federal contracting. We believe DHA
should explore ways to enable broader participation through
demonstration projects and innovation as do other federal
agencies that have authorities for alternative acquisition
methods.
Therefore, the Committee directs the Secretary of Defense
to consider the feasibility of multiple acquisition approaches,
to include authorities for direct contracts with local health
care plans and providers for the purposes of temporary
demonstration projects only, that safeguard the government's
interests while providing contracting flexibility. Furthermore,
the Committee directs the Secretary of Defense to provide a
briefing to the House Armed Services Committee not later than
March 1, 2022 on these demonstrations, the timeline to
implement them, and what authorities are needed for alternative
acquisition methods.
TRICARE Reimbursement of Critical Access Hospitals
The committee is concerned about the impact of inadequate
TRICARE reimbursement for care in Critical Access Hospitals.
Therefore, the committee directs the Secretary of Defense to
submit a report to the Senate Committee on Armed Services and
the House Committee on Armed Services by February 1, 2022, that
includes the following:
(1) a review of current TRICARE reimbursements for all
Critical Access Hospitals nearby military installations;
(2) a geographic review and comparison of reimbursement
rates for all other hospitals participating in TRICARE;
(3) a review and identification of healthcare providers
currently receiving rates less than current comparable Medicaid
rates for TRICARE services; and
(4) a review of the impact of healthcare provider closures
on military access to health care and readiness, including
Critical Access Hospitals or Rural Access Hospitals that
currently receive less than Medicaid rate for a portion of
TRICARE services provided.
Warstopper Program
The committee recognizes the contributions of the Defense
Logistics Agency's Warstopper program in bolstering the
resilience and responsiveness of the defense industrial base to
meeting ``go-to-war'' materiel requirements for deploying
units. The Warstopper Program was utilized during the COVID-19
national emergency to provide over 6.4 million N95 respirators
to DOD as well as ventilators and other critical personal
protective equipment. Warstopper medical readiness contracts
cover hundreds of pharmaceutical items and account for
approximately half of the Warstopper budget. The Committee
believes that the Defense Logistics Agency should develop a
program, either within the authorities of the Warstopper
program or building from Warstopper's success, to ensure
medication supply stability and guarantee access to commonly-
used pharmaceutical items for not just deploying units but all
servicemembers, their dependents, and others who access care
through the Military Health System. The Committee also urges
the Defense Logistics Agency to expand the Warstopper program's
portfolio of wartime requirements to include a global pandemic
scenario. The Committee directs the Director of the Defense
Logistics Agency, in consultation with the Director of the
Defense Health Agency, to provide a report to the Senate
Committee on Armed Services and the House Committee on Armed
Services no later than April 1, 2022 assessing the feasibility
of expanding the Warstopper program. This report should include
an assessment of resources or authorities required to ensure
access to at least a six month supply of at least thirty
generic pharmaceuticals the Directors determine to be at risk
of shortage, especially during a public health emergency, for
all MHS users. Further, the Committee directs the Comptroller
General of the United States to conduct an assessment of the
Warstopper program and provide the Senate Committee on Armed
Services and the House Committee on Armed Services with a
report on its findings no later than January 1, 2023.
LEGISLATIVE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Section 701--Improvement of Postpartum Care for Certain Members of the
Armed Forces and Dependents
This section would require a pilot program in support of
post-natal care, to include pelvic health rehabilitation, and
the issuance of policy guidance to develop and to implement
standard protocols across the Military Health System to treat
obstetric hemorrhage.
Section 702--Eating Disorders Treatment for Certain Members of the
Armed Forces and Dependents
This section would provide for eating disorders treatment
for members of the Armed Forces and certain dependents of
members and former members of the uniformed services, and for
other purposes.
Section 703--Modifications Relating to Coverage of Telehealth Services
under TRICARE Program and Other Matters
This section would modify telehealth services under the
TRICARE Program and authorize a limited Survivor Benefit Plan
open season.
Section 704--Modifications to Pilot Program on Health Care Assistance
System
This section would extend the deadline and scope of the
report required following this pilot.
Section 705--Temporary Requirement for Contraception Coverage Parity
under the TRICARE Program
This section would eliminate cost-sharing for contraception
for 1 year.
Subtitle B--Health Care Administration
Section 711--Modification of Certain Defense Health Agency Organization
Requirements
This section would modify certain Defense Health Agency
requirements.
Section 712--Requirements for Consultations Related to Military Medical
Research and Defense Health Agency Research and Development
This section would require additional consultation between
the Department of Defense and the services relating to the
transfer of medical research and development organizations.
Section 713--Authorization of Program to Prevent Fraud and Abuse in the
Military Health System
This section would establish a program to prevent fraud and
abuse in the Military Health System.
Section 714--Mandatory Referral for Mental Health Evaluation
This section would amend section 1090a of title 10, United
States Code, To improve the process by which a service member
may be referred for a mental health evaluation.
Section 715--Inclusion of Exposure to Perfluoroalkyl and
Polyfluoroalkyl Substances as Component of Periodic Health Assessments
This section would require the Department of Defense to
offer perfluoroalkyl and polyfluoroalkyl substances exposure
evaluation and testing for service members who want it as part
of their annual health assessment.
Section 716--Prohibition on Adverse Personnel Actions Taken against
Certain Members of the Armed Forces Based on Declining COVID-19 Vaccine
This section would prohibit certain adverse actions for
service members who decline the COVID-19 vaccine.
Section 717--Establishment of Department of Defense System To Track and
Record Information on Vaccine Administration
This section would establish a process for the Department
of Defense to track vaccines administered by the Department,
including adverse reactions and refusals.
Section 718--Authorization of Provision of Instruction at Uniformed
Services University of the Health Sciences to Certain Federal Employees
This section would expand eligibility for enrollment in the
Uniformed Services University.
Section 719--Mandatory Training on Health Effects of Burn Pits
This section would direct the Secretary of Defense to
provide military health system medical providers with mandatory
training with respect to the potential health effects of burn
pits.
Section 720--Department of Defense Procedures for Exemptions from
Mandatory COVID-19 Vaccines
This section would direct the Secretary of Defense to
establish a uniform procedure for administrative, medical, or
religious exemptions to the mandatory COVID-19 vaccine.
Section 721--Modifications and Report Related to Reduction or
Realignment of Military Medical Manning and Medical Billets
This section would modify previous limitations on the
realignment or reduction of military medical manning end
strength in light of emerging requirements.
Section 722--Cross-Functional Team for Emerging Threat Relating to
Anomalous Health Incidents
This section would require the Secretary of Defense to
create a cross-functional team to address the national security
challenges related to anomalous health incidents. It would also
require the Secretary to provide a briefing to the appropriate
congressional committees with respect to the efforts of the
Department of Defense regarding anomalous health incidents.
Section 723--Implementation of Integrated Product for Management of
Population Health across Military Health System
This section would require the implementation of a
population health platform that integrates healthcare data for
all military health system beneficiaries, including care
delivered through purchased care and direct care.
Section 724--Digital Health Strategy of Department of Defense
This section would require the Secretary of Defense to
develop a Digital Health Strategy to incorporate new and
emerging technologies.
Section 725--Development and Update of Certain Policies Relating to
Military Health System and Integrated Medical Operations
This section would require the Secretary of Defense, in
coordination with the Secretaries of the military departments
and the Joint Chiefs of Staff, to develop and update certain
policies related to integrated medical operations in the
continental United States, plans for global patient movement,
and bio-surveillance and medical research capabilities. In
addition, this section would require the Secretary of Defense
to conduct an analysis of whether the current organizational
structure of the military health system allows for the updated
plans based on the integrated medical operations requirements.
Section 726--Standardization of Definitions Used by the Department of
Defense for Terms Related to Suicide
This section would require the Department of Defense to
standardize suicide attempt and suicidal ideation definitions
across all of the military services.
Subtitle C--Reports and Other Matters
Section 731--Grant Program for Increased Cooperation on Post-Traumatic
Stress Disorder Research between United States and Israel
This section would authorize collaborative research between
the United States and Israel with respect to post-traumatic
stress disorder.
Section 732--Pilot Program on Cardiac Screening at Certain Military
Service Academies
This section would expand an ongoing pilot to conduct
cardiac screening for incoming candidates at the military
service academies.
Section 733--Pilot Program on Cryopreservation and Storage
This section would create a pilot program to give
participating service members the option of cryopreserving
their gametes before deploying to a combat zone.
Section 734--Pilot Program on Assistance for Mental Health Appointment
Scheduling at Military Medical Treatment Facilities
This section would direct the Secretary of Defense to
create a pilot program to provide direct assistance for mental
health appointment scheduling at military medical treatment
facilities and clinics, and provide a report assessing the
program.
Section 735--Pilot Program on Oral Rehydration Solutions
This section would authorize a pilot program for oral
rehydration solutions.
Section 736--Authorization of Pilot Program to Survey Access to Mental
Health Care under Military Health System
This section would direct the Secretary of Defense to
conduct a 1-year pilot program that surveys mental healthcare
stigma and access.
Section 737--Prohibition on Availability of Funds for Research
Connected to China
This section would prohibit Department of Defense fiscal
year 2022 funding from being spent on research conducted in
China or with entities owned or controlled by the Chinese
government unless the Secretary of Defense provides a waiver
for national security reasons. If the Secretary grants a
waiver, the Secretary must submit to the congressional defense
committees a justification not later than 14 days after the
waiver is provided.
Section 738--Independent Analysis of Department of Defense
Comprehensive Autism Care Demonstration Program
This section would require an independent review of the
Department of Defense Comprehensive Autism Care Demonstration
program to be completed by the National Academies of Sciences,
Engineering, and Medicine.
Section 739--Independent Review of Suicide Prevention and Response at
Military Installations
This section would establish a committee to undertake an
independent review of suicide prevention and response at not
fewer than three military installations.
Section 740--Feasibility and Advisability Study on Establishment of
Aeromedical Squadron at Joint Base Pearl Harbor-Hickam
This section would require a feasibility and advisability
study on establishing a Hawaii Air National Guard Aeromedical
Evacuation Squadron at Joint Base Pearl Harbor-Hickam.
Section 741--Plan to Address Findings Related to Access to
Contraception for Members of the Armed Forces
This section would require the Secretary of Defense to
submit a plan to address findings related to access to
contraception.
Section 742--GAO Biennial Study on Individual Longitudinal Exposure
Record Program
This section would direct the Comptroller General of the
United States to conduct a study of the Individual Longitudinal
Exposure Record program as it rolls out to catch problems and
identify opportunities for expansion.
Section 743--GAO Study on Exclusion of Certain Remarried Individuals
from Medical and Dental Coverage under TRICARE Program
This section would require the Comptroller General to
conduct a study on the purpose and effects of limiting medical
and dental coverage under the TRICARE program to exclude
remarried widows, widowers, and former spouses of members or
former members of the uniformed services.
Section 744--Study on Joint Fund of the Department of Defense and the
Department of Veterans Affairs for Federal Electronic Health Record
Modernization Office
This section would require the Department of Defense and
the Department of Veterans Affairs to evaluate the
effectiveness and future of the Federal Electronic Health
Record Modernization Office.
Section 745--Briefing on Domestic Production of Critical Active
Pharmaceutical Ingredients
This section would require a briefing on the development of
a domestic production capability for critical active
pharmaceutical ingredients and final dosage form medicines.
Section 746--Briefing on Anomalous Health Incidents Involving Members
of the Armed Forces
This section would require the Secretary of Defense to
provide a briefing on anomalous health incidents,
recommendations for improving data collection, and
identification of a senior official responsible for internal
Department coordination on this issue and for interfacing with
the interagency.
Section 747--Sense of Congress on National Warrior Call Day
This section would express support for the designation of
National Warrior Call Day and recognize the importance of
connecting our warriors to support structures necessary to
transitioning from the battlefield.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
ITEMS OF SPECIAL INTEREST
Artificial Intelligence and Machine Learning in the Defense Contracting
Process
The committee notes its continued encouragement of
Department of Defense efforts to experiment with new
capabilities that incorporate artificial intelligence and
machine learning to increase efficiencies in the Department's
contracting processes. The military services have utilized
these technologies to streamline procurement decision
activities related to identifying cost data, determining
pricing methods, and verifying price estimates. These efforts
have demonstrated the potential for artificial intelligence and
machine learning to enhance efficiency and produce cost
savings. However, in order to evaluate the scalability, full
range of benefits, and appropriate safeguards for the
application of existing technologies and emerging capabilities
to the Department's contracting processes, deeper evaluation is
needed.
Therefore, the committee directs the Secretary of Defense
to submit a briefing to the House Armed Services Committee, no
later than March 31, 2022 that shall include:
(1) identification of any artificial intelligence and
machine learning applications currently used within the
Department to assist contracting processes;
(2) assessment of the feasibility, costs, and benefits of
more broadly employing artificial intelligence and machine
learning technologies to further streamline the Department's
contracting processes and improve efficiencies;
(3) identification of ongoing research into artificial
intelligence and machine learning related to contracting
practices, as well as market research on the current
availability of such technologies; and
(4) evaluation of whether artificial intelligence and
machine learning could reduce the time required to execute
contracting processes, and to identify whether such
technologies could provide the Department with cost savings
when balanced with the costs associated with safeguarding the
technology and training the workforce.
Artificial Intelligence-Enabled Autonomous Systems
The committee's Future of Defense Task Force 2020 report
found that advancements in artificial intelligence will have an
outsized impact on national security and the Department of
Defense. The committee believes that to ensure technological
and military superiority, the Department must lead in both
developing and quickly integrating artificial intelligence
capability into its systems and operational concepts,
particularly its major defense acquisition programs to make
them more reliable, networked, and effective.
Thus, the committee directs the Secretary of Defense to
brief the House Armed Services Committee no later than March
31, 2022, on the following:
(1) how the Department plans to integrate artificial
intelligence-enabled autonomous systems into its future
operational concepts;
(2) how the Department evaluates the need and feasibility
of integrating artificial intelligence capability into its
current and future major defense acquisition programs;
(3) how the Department evaluates artificial intelligence-
enabled autonomous systems as an alternative to major defense
acquisition programs;
(4) the potential use of artificial intelligence-enabled
systems and programs to ensure connectivity and
interoperability between existing and future systems,
particularly in support of the Joint All Domain Command and
Control concept; and
(5) the Department's efforts to leverage universities and
non-traditional companies to advance these objectives.
Assessment and Mitigation Strategy for Microelectronics Supply Chain
Vulnerabilities for Army Ground Vehicles
The committee directs the Secretary of the Army, in
consultation with the Army Venture Capital Initiative, to
conduct an assessment of the risks and vulnerabilities in the
supply of microelectronics for use in current and next-
generation ground vehicles and submit a strategy to the
congressional defense committees by September 1, 2022, to
address the risks and vulnerabilities identified, and considers
the development of a secure, domestic supply chain for
microelectronics for ground vehicles. The strategy should
include:
(1) How to best leverage public-private partnerships to
achieve greater security in microelectronics supply chains.
(2) How to best incorporate private capital and investment
in domestic microelectronics manufacturing to support the
development of secure, domestic supply chains for
microelectronics for ground vehicles.
(3) The commercial automobile industry's challenges
throughout 2021 in securing microelectronics for vehicles, and
whether the Army should engage and cooperate with the domestic
commercial automobile industry to potentially seek commercial
investment to develop a secure, domestic supply chain for
microelectronics for use in both military and commercial
vehicles to take advantage of economies of scale.
To develop this strategy, the Secretary of the Army shall
consult with the Army Venture Capital Initiative, established
pursuant to Section 8150 of the Department of Defense and
Emergency Supplemental Appropriations for Recovery from and
Response to Terrorist Attacks on the United States Act (Public
Law 107-117).
Briefing on Navy Ship Repair Withholds
The committee recognizes that, per section 2307 of title
10, United States Code, the Navy has the ability to withhold as
much as ten percent or as little as one percent on private
shipyard repair contracts. The private repair industry and the
Navy have struggled with the transition from cost plus
contracts to fixed price contracts for repair work on Navy
surface ships with regard to addressing issues such as
unexpected growth work and contract modifications. These issues
have led to extended repair availabilities which subsequently
have impacts to fleet deployments. Rather than using the
flexibility provided in statute for withholds as a punitive
measure, the committee believes that the Navy should be using
that mechanism as an incentive to drive performance. The
committee notes that the Navy could obligate the maximum amount
at award for shipyards that have demonstrated consistent
performance and have delivered ships on schedule and on cost.
Therefore, the committee directs the Secretary of the Navy
to provide a briefing to the House Committee on Armed Services
by February 1, 2022 on what efforts the Navy is making to
utilize contract withholdings as an incentive to drive improved
performance in the private surface ship repair industry.
Cost Data and Software Effort
The committee commends the initiative of the Director of
Cost Assessment and Program Evaluation (CAPE), in collaboration
with the Department of Defense's cost community from across the
military departments and Department-wide agencies, to create a
unified effort to ensure the strategic collection, curation,
and use of acquisition, cost, and technical data for improved
analysis and decision making. In the past decade, CAPE and the
Department's cost community have come together to move towards:
(1) digitizing data collection, storage, and sharing to
expedite availability for analysis;
(2) expanding the type of data collected and the set of
programs and large contracts from which the data is collected;
(3) strategically planning and collecting data rather than
issuing ad hoc and belated data calls; and
(4) reducing the reporting burden on contractors while
improving data quality and insight for analysis.
The committee is concerned that without adequate funding,
CAPE's cost data and software initiative will slow, efficient
availability of up-to-date data will decrease, and the lack of
strategic planning will cause irreparable data gaps in the
future. Strategic collection of cost and technical data and
continued improvements to advanced analytical capabilities are
crucial for CAPE's ability to develop independent cost
estimates and provide accurate information and realistic
estimates of cost for the Department's acquisition programs, as
required by section 2334 of title 10, United States Code.
Indeed, this committee has often relied on the independent
analysis provided by the Director based on comprehensive and
quality data to inform the decisions and actions the committee
takes in drafting its annual National Defense Authorization
Acts. Therefore, the committee encourages the Secretary of
Defense to increase support for the Director's cost data and
software effort.
Creation of a Consortium Focused on Semiconductor Supply and Alignment
of Foreign Direct Investment to National Defense Strategy
The committee encourages the Department of Defense to
support a consortium comprised of U.S. entities and entities
originating from allied countries to focus on semiconductor
research and development, securing global supply chains, and
alignment of foreign direct investment with the National
Defense Strategy. Therefore, the committee directs a briefing
to the House Committee on Armed Services from the Under
Secretary of Defense for Acquisition and Sustainment on
semiconductor research and development by February 1, 2022.
Department of Defense Use of GSA's Fourth-Party Logistics (4PL) program
The committee notes the Department of Defense's continued
successful use of the General Services Administration's (GSA's)
long-standing Fourth-Party Logistics (4PL) program to provide
crucial industrial supplies and services to the U.S. Military
worldwide. For over ten years, the 4PL program has allowed the
Department of Defense to leverage GSA's acquisition expertise
and experience in fulfilling the military's industrial product
requirements. Through the 4PL program, GSA has worked with the
Army, Navy, Air Force, and Marine Corps to strengthen their
global supply chain across 70 countries.
To make certain that the 4PL program achieves its
objectives, GSA conducts comprehensive competitive
solicitations among qualified providers. GSA has awarded
contracts to qualified industrial supply companies through fair
and open competition comporting fully with the Competition in
Contracting Act of 1984 (41 U.S.C. 253). GSA extends its reach
by selecting companies with strong supply chain, broad product
inventory, financial and logistic strength, global reach and
rigorous compliance to all procurement regulations. In
addition, the 4PL program is incredibly cost-effective for the
government. While the companies under contract maintain
millions of dollars' worth of product inventory, the military
only pays when it needs an item.
GSA's 4PL program, which provides cost-effective, reliable
products and services when they are needed, is a significant
asset to the Department of Defense. Therefore, the committee
directs the Secretary of Defense to provide a briefing to the
House Committee on Armed Services no later than January 30,
2022, on the status and further access and expansion of the
Fourth Party Logistics Solutions program for the military
services.
Evaluating Employee Ownership in Department of Defense Government
Contractors
The committee recognizes that businesses that are
established as S corporations with 100 percent of the
outstanding stock held through an employee stock ownership plan
(ESOP), as defined in section 4975(e)(7) of the Internal
Revenue Code, are uniquely resilient during a financial crisis.
Therefore, the committee directs the Secretary of Defense
to evaluate whether the corporate structure of nontraditional
defense contractors wholly owned by ESOPs enables them to
successfully transition between experimental prototyping to
full-scale development, by identifying a contracting activity,
such as the Defense Innovation Unit, and prescribing minimally
burdensome procedures for businesses entering agreements with
that contracting activity to verify that they are wholly owned
through an ESOP.
The committee further directs the Secretary of Defense to
submit a report to the House Committee on Armed Services, not
later than March 1, 2022, that includes:
(1) the number of firms wholly owned through ESOPs that
were awarded prototyping agreements during the past year;
(2) data on the ability of firms wholly owned through ESOPs
to attract and retain a talented workforce in a competitive
market;
(3) an evaluation of how these firms were able to leverage
the capital needed to bridge the funding gap between prototype
demonstration and full-scale development; and
(4) any challenges that prevent firms wholly owned through
ESOPs from partnering with the Department of Defense to scale
their technologies and capabilities.
The committee further directs the Comptroller General of
the United States to provide a briefing to the House Committee
on Armed Services, not later than July 1, 2022, on the
Comptroller General's preliminary review of the report
submitted by the Secretary. At a minimum, the review shall
address acquisition authorities that could be used to
incentivize businesses to become qualified businesses wholly
owned through ESOPs and to overcome challenges to partnering
with the Department.
Expansion of Canadian ITAR Exception to NTIB Members
The committee believes that the unique and close
relationship between the United States and Canada has provided
significant advantages to both nations' security and economic
well-being. In particular, the committee notes Canada's
exemption from the International Traffic in Arms Regulations
(ITAR). The committee is aware of proposals to provide a
similar exemption for other members of the National
Technological Industrial Base (NTIB), and arguments that such
an exemption could be beneficial. Therefore, the committee
directs the Secretary of Defense, in coordination with the
Secretary of State, to brief the House Committee on Armed
Services no later than January 1, 2022 on the feasibility and
desirability of expanding the Canadian ITAR exemption to other
members of the NTIB.
GSA E-Commerce Clarification
In its final report on increasing competition and
streamlining the acquisition process, the Section 809 Panel,
established by the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), recommended that the
Department of Defense use e-commerce portals as a tool to gain
transparency and improve management of micro-purchases,
including achieving visibility into AbilityOne and Federal
Prisons Industries spending patterns. When Congress established
a program to procure commercial products through commercial e-
commerce portals in Section 846 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), it
stated that the purpose of the pilot was to enhance
competition, enable market research, and ensure reasonable
pricing of commercial products. In the joint explanatory
statement accompanying the bill, Congress expressed its
expectation that the Department of Defense would participate in
the initial rollout phase of the e-commerce portal. In June
2020, the U.S. General Services Administration (GSA) awarded
contracts to three e-marketplace platform providers for a
proof-of-concept, but to date, no Department of Defense
acquisition offices have volunteered to participate in the
program.
In order to achieve the assessment that can only be gained
by testing the current proof-of-concept, the Committee expects
that the Under Secretary for Acquisition and Sustainment
collaborate with the GSA to educate acquisition professionals
within each service branch and related Defense acquisition
activities on the availability, operation, and intent of the
GSA Commercial Platforms Initiative. Therefore, the committee
directs the Under Secretary to submit a brief to the House
Committee on Armed Services by March 1, 2022, on the training
it is providing acquisition professionals, to include: (1) an
assessment of workforce hesitation to participate in the proof-
of-concept; (2) information on how to use the platform
providers, and the extent to which the current proof-of-concept
meets statutory requirements, Department of Defense acquisition
regulations and directives; and (3) other relevant information
to ensure the Department of Defense agencies are aware of and
have the maximum opportunity to use the proof-of-concept for
micro-purchase acquisitions of commercial items.
Implementation of Enhanced Post-Award Debriefings
The committee remains concerned that more should be done to
address findings made in a RAND Corporation report, directed by
section 885 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), that ``debriefings that
are evasive or adversarial will lead to a bid protest in most
cases.'' The committee emphasizes the value of meaningful
debriefings, and observes that an April 2016 Defense
Procurement and Acquisition Policy Memorandum provides that
``timely and thorough debriefings increase competition,
encourage offerors to continue to invest resources in the
Government marketplace, and enhance the Government's
relationship and credibility with Industry.''
The committee is encouraged that in evaluating the extent
to which the bid protest system affects or is perceived to
affect the quality or quantity of pre-proposal discussions,
discussions of proposals, or post-award debriefings, the RAND
report found that some Department of Defense agencies are
improving dialogue with companies to increase the transparency
of the procurement process and dissuade unsuccessful offerors
from filing bid protests.
The committee is further encouraged that the enhanced
debriefing rights established in section 818 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91) were immediately implemented as a class deviation and
expects the related Defense Federal Acquisition Regulation
Supplement case to be resolved soon.
In order for the Department to gain the full benefit of
enhanced debriefings, the committee emphasizes the demonstrated
value of meaningful, in-person debriefings to avoid
unnecessarily costly and time-consuming bid protests. Therefore
the committee directs the Under Secretary of Defense for
Acquisition and Sustainment to provide a briefing to the House
Committee on Armed Services by December 30, 2021, on the
Department's efforts to implement enhanced debriefings with
disappointed offerors and to conduct training for and sharing
of best practices with contracting officers to ensure
debriefings are responsive and informative, and on the
resulting impact on the number of post-award bid protest
filings. The briefing shall also include an assessment of the
costs and benefits of revising Department policy to require
post-award debriefings on contracts over $500.0 million be
conducted in person.
Industrial Base Analysis and Sustainment Support
The committee notes Congressional support over the past
several fiscal years for Industrial Base Analysis and
Sustainment (IBAS) funding addressing several specific domestic
defense industrial base and supply chain shortfalls,
particularly in the areas of radar resiliency and directed
energy systems.
The committee strongly supports IBAS initiatives being
overseen and coordinated on a Defense-wide basis by the Office
of the Assistant Secretary of Defense for Industrial Policy,
and is concerned that the Department may be leaving the
individual military services to deal with their own individual
supply chain or industrial base concerns. If allowed to
proceed, this approach would represent a step backwards in
assuring our fragile defense industrial base, and would imperil
important advances that have been made in recent years to
address supply chain resiliency and future sustainment of
critical defense radar systems.
Therefore, the committee directs the Secretary of Defense
to report to the congressional defense committees no later than
March 1, 2022 on a five-year plan to support current and future
IBAS projects with a particular emphasis on how it intends to
assure a coordinated and robust domestic industrial base and
supply chain with a particular focus on sustainment of radar
and directed energy systems.
Interoperability and Commercial Solutions for Combined Joint All-Domain
Command and Control
The committee directs the Secretary of Defense to provide a
briefing to the House Committee on Armed Services by December
31, 2021 as a part of a quarterly update on the Joint All-
Domain Command and Control required under section 1076 of the
William M. (Mac) Thornberry National Defense Authorization for
Fiscal Year 2021 (Public Law 116-283) on the following matters:
(1) Availability and functionality of commercially
available battlefield management software systems for use as
part of the Joint All-Domain Command and Control;
(2) Interoperability among each of the military services;
(3) Interoperability among allied communications systems;
(4) Employment of existing program of record open-
architecture solutions.
Minority- and Veteran-Owned Defense Supplier Development in the
Aerospace Supply Chain Network
The committee recognizes the need to ensure the resiliency
of the aerospace supply chain network, particularly with regard
to small unmanned aircraft systems (sUAS), particularly in
light of a shrinking number of suppliers and limited
availability of skilled workforce at all levels of production.
Specifically, the committee notes the Department of Defense's
Fiscal Year 2020 Industrial Capabilities Report identified just
5 U.S. companies in the top 10 of U.S. sUAS market
shareholders.
The committee is aware that the National Aeronautics and
Space Administration (NASA) Aeronautics Research Institute
(ARI) is building a modeling and simulation capability that
will enable parametric sensitivity analysis of various demand
profiles and their effects on the supply chain, from systems
and parts to raw materials. The committee encourages the
Department to explore ways to partner with the NASA ARI to
ensure the aerospace supply chain can meet current and future
needs for readiness, resiliency, production targets, and
competitiveness in the complete life cycle.
Further, the committee directs the Secretary of Defense to
provide a briefing to the House Committee on Armed Services,
not later than December 31, 2022, that includes an assessment
of current supply chain risks in the sUAS industrial base, an
analysis of efforts needed to ensure a strong and resilient
supply chain ecosystem to meet future and emerging needs, and
an assessment of benefits that could be gained through a shared
services agreement between the Department and NASA. The
briefing shall also include an examination of the workforce
skills and talents needed to support the evolving aerospace
industry, with a specific focus on bringing minority-owned and
veteran-owned suppliers into the supply chain.
Modeling and Simulation
The committee supports efforts by the Department of Defense
to use modeling and simulation technologies to enhance rapid
and efficient development and fielding of weapon systems and
subsystems. These technologies have important applications in
various aspects of programs, including research and
development, design, production, delivery, maintenance, and
sustainment. Therefore, the committee directs the Under
Secretary of Defense for Research and Engineering, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment and the senior acquisition
executives of each of the military departments, to provide a
briefing to the House Committee on Armed Services by April 1,
2022, on current and contemplated efforts to increase speed to
market, reduce risk, and foster interoperability in the
industrial base through the use of modeling and simulation. The
briefing shall include a discussion of ways to include
artificial intelligence and digital twin technologies in these
efforts.
National Security Implications of Chinese Influence on Agriculture
In general, the committee is concerned about foreign
influence, including the influence of the government of the
People's Republic of China, in critical U.S. supply chains. The
committee is further concerned whether there is such influence
in agricultural supply chains that could impact the food for
U.S. servicemembers and have national security implications.
Therefore, the committee directs the Secretary of Defense to
submit a briefing to the House Committee on Armed Services no
later than March 1, 2022, on the vulnerability of Department of
Defense food supply chains to foreign influence, and any
mitigation plans to avoid national security implications of
such influence.
Refining Capacity in the United States
The committee remains attentive to the national security
implications of assured access to energy. Although refining
capacity for fossil fuels remains important in the near term,
the committee is encouraged by ongoing developments in
sustainable aviation fuels with comparable performance
characteristics to traditional fuels and capability with
existing fuel infrastructure and equipment. The committee
emphasizes the importance of a robust domestic market for both
legacy and emerging fuel technology as well as emerging markets
for non-agricultural domestic feedstocks. Accordingly, the
committee directs the Under Secretary of Defense for
Acquisition and Sustainment to provide a briefing to the House
Committee on Armed Services by April 1, 2022, on the Department
of Defense efforts to sustain and expand sources of fuel to
meet operational requirements. The briefing shall address the
national security implications of reduced refinery capacity in
the United States, including the national security implications
of diminished regional diversity of refining capacity
attributable to closures over the last several years, any
financial impacts of those closures, the potential impacts of
the closures on the fuel supply chain and the risks associated
with reliance on foreign sources of fossil fuels, including
finished petroleum products. The briefing shall also address
the status of the Department's work to integrate hydrogen-based
fuels and sustainable fuel refining capabilities and describe
how the Department is integrating those emerging capabilities
into overall plans for delivering fuel.
Registered Apprenticeship Program Corrosion Prevention and Control
Training
The Committee notes the importance of investing in training
and professional activities for civilian employees and military
personnel to perform corrosion prevention and control (CPC)
work. In the committee report accompanying the National Defense
Authorization Act of 2020 (H. Rept. 116-442), the committee
directed the Assistant Secretary of Defense for Sustainment to
assess the capability and capacity of the Department of Defense
workforce to perform CPC work, including the application of
preventative coatings. In its assessment, the Department
determined the need for additional training facility capacity
yet noted that the ``high initial investment and reoccurring
costs as well as the implementation risks associated with
establishing a physical painting training preclude recommending
this option.'' Therefore, the committee encourages the
Department to take advantage of existing registered
apprenticeship programs to train personnel and directs the
Assistant Secretary of Defense for Sustainment to brief the
House Committee on Armed Services not later than March 14, 2022
on inclusion of registered apprenticeship programs in its plan
to increase CPC training capacity.
Report on Ship Components
The Secretary of the Navy is directed to provide a report
to the congressional defense committees by September 1, 2022 as
to cost and schedule impacts associated with requiring the
following components to be procured consistent with section
2534 of title 10, U.S.C.: Ship shafts, electric power
generators, electric propulsion motors, degaussing systems,
power distribution equipment, breakers, switchgear, load
center, power panels, power conversion equipment, rectifiers,
frequency converters, inverters, machinery control, damage
control, sensors, or programs for command, control,
communications, computers, and intelligence (commonly known as
`C4I').
Securing Allies' 5G Networks
The committee recognizes the importance of 5G
telecommunications networks and the role that this next
generation technology plays in the national security community.
The committee also recognizes that foreign strategic
competitors have the potential to exploit communications
technology to influence democratic processes, whether through
political and economic leverage and subversion or technological
espionage and trade secret theft. The committee believes that
the United States should use its defense, military, and
intelligence apparatus and economy of scale to encourage and
incentivize treaty allies and close partners to adopt secure
communications and follow best practices to defend against
malign influence, including disinformation and misinformation
from strategic competitors like China and Russia.
Therefore the committee directs the Secretary of Defense to
provide a briefing to the House Committee on Armed Services,
not later than March 1, 2022, on existing United States efforts
to help NATO allies secure national 5G communications networks.
The briefing shall include: (1) the status and membership of
the NATO Multinational 5G Working Group (MM5G); (2) the United
States' goals and objectives for participating in the Working
Group; (3) opportunities to expand the Working Group to include
other allies within the NATO Alliance; (4) challenges and/or
barriers to allies developing a shared understanding of
standards, military use cases, and risks that certain providers
pose to their systems; (5) existing cooperation with the United
States' European partners and how those relationships can
improve efforts to help NATO allies secure their 5G networks;
and (6) existing arrangements and new opportunities for
strengthening cooperation between the Department of Defense and
other federal agencies in helping allies secure their 5G
networks.
Securing Critical Mineral Supply Chains
The committee applauds the Department of Defense for
recognizing that critical minerals are imperative to national
security and developing a strategy to mitigate dangerous supply
chain vulnerabilities. The committee supports the Department's
significant investments into the defense industrial base to
establish the domestic production of rare earth elements,
materials necessary for important weapon systems, civilian
technology, and increasing renewable energy needs. The
committee is concerned, however, that the Department has
refrained from addressing supply chain shortfalls for other
minerals identified by the government as critical to national
security and susceptible to disruption. In 2018, the Secretary
of the Interior identified 35 critical minerals with
significant foreign reliance but essential to the national
defense. The committee notes that disruptions to the supply
chains for tin, tantalum, tungsten, and niobium would expose
the United States to national security vulnerabilities that
foreign adversaries are capable of exploiting. As such, the
committee directs the Secretary of Defense to provide a
briefing to the House Committee on Armed Services by June 30,
2022 on the progress of the Department's efforts to understand
the disruptions to the supply chain that shortfalls of these
and other critical materials cause and update the committee on
strategies to mitigate current and potential supply chain
vulnerabilities.
Shipbuilding and Naval Capability
The committee remains concerned by the challenges facing
the shipbuilding industry in the United States. The acquisition
and development of a capable fleet, both military and
commercial, will be critical in addressing the threats from
near peer adversaries and advancing other national security
interests over the next five to ten years. Although the
committee acknowledges that the Navy has provided previous
reports about sourcing of specific components, the committee
believes a broader report is warranted in light of the wide-
ranging supply chain disruptions that the COVID-19 pandemic
precipitated.
Therefore, the committee directs the Secretary of the Navy
to provide a briefing to the House Committee on Armed Services
by June 1, 2022 on the principal factors presenting risks to
U.S. shipbuilding, specifically focusing on those factors that
could lead to cost increases or supply chain vulnerabilities,
and recommendations to reduce those risks.
Sourcing in Major and Critical Defense Acquisition Programs
The committee continues to emphasize the importance of
aligning the Department of Defense acquisition processes with
the standards of the Buy American Act (Public Law 72-428). In
the committee report accompanying the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (H. Rept. 116-442), the committee required a report
assessing the source content of procurement carried out in
support of major defense acquisition programs (MDAPs). The
committee received that report more than a month after its
required due date. Further, the findings were heavily qualified
by references to constraints of collecting underlying data. The
committee appreciates the Department's proactive coordination
with the Secretaries of the military departments to conduct in-
depth reviews of certain MDAPs, as described in the report.
However, the relatively short timeframe for those in-depth
reviews resulted in a cursory section of the report that
restated problems and offered few practical solutions.
Therefore, the committee directs the Under Secretary of
Defense for Acquisition and Sustainment to provide a briefing
to the House Committee on Armed Services, not later than March
1, 2022, to update the assessments performed in the prior
report. Specifically, the briefing shall discuss year-over-year
changes to:
(1) the proportion of items and services procured in
connection with an MDAP, or other critical government
acquisition programs that the Secretary identifies, such as
program elements of the national security space and strategic
architecture, or other critical government acquisition programs
manufactured or developed in the United States which are
substantially all from articles, materials, or supplies mined,
produced, or manufactured in the United States; and
(2) the components of the programs captured in (1) that are
sole sourced from a foreign supplier, including those sourced
from a member of the North Atlantic Treaty Organization or a
country that otherwise qualifies for a waiver under the Buy
American Act. The briefing shall also address the extent to
which such procurement is developed from ideas, concepts, or
information originating from individuals or companies inside
the United States. Finally, the briefing shall include a
detailed set of options, including realistic cost and timing
estimates, to overcome the challenges of data analysis and
supply chain illumination that the prior report identified in
connection with the in-depth reviews. In developing those
potential courses of action, the briefing shall consider
relevant software, services, and other tools available in and
from the private sector.
Sourcing in Major Defense Acquisition Programs
The committee continues to emphasize the importance of
aligning the Department of Defense acquisition processes with
the standards of the Buy American Act (Public Law 72-428). In
the committee report accompanying the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (H. Rept. 116-442), the committee required a report
assessing the source content of procurement carried out in
support of major defense acquisition programs (MDAPs). The
committee received that report more than a month after its
required due date. Further, the findings were heavily qualified
by references to constraints of collecting underlying data. The
committee appreciates the Department's proactive coordination
with the Secretaries of the military departments to conduct in-
depth reviews of certain MDAPs, as described in the report.
However, the relatively short timeframe for those in-depth
reviews resulted in a cursory section of the report that
restated problems and offered few practical solutions.
Therefore, the committee directs the Under Secretary of
Defense for Acquisition and Sustainment to provide a briefing
to the House Committee on Armed Services, not later than March
1, 2022, to update the assessments performed in the prior
report. Specifically, the briefing shall discuss year-over-year
changes to: (1) the proportion of items and services procured
in connection with an MDAP manufactured or developed in the
United States which are substantially all from articles,
materials, or supplies mined, produced, or manufactured in the
United States; and (2) the components of major defense
acquisition programs that are sole-sourced from a foreign
supplier, including those sourced from a member of the North
Atlantic Treaty Organization or a country that otherwise
qualifies for a waiver under the Buy American Act. The briefing
shall also address the extent to which such procurement is
developed from ideas, concepts, or information originating from
individuals or companies inside the United States. Finally, the
briefing shall include a detailed set of options, including
realistic cost and timing estimates, to overcome the challenges
of data analysis and supply chain illumination that the prior
report identified in connection with the in-depth reviews. In
developing those potential courses of action, the briefing
shall consider relevant software, services, and other tools
available in and from the private sector.
Status of Procurement Technical Assistance Program Integration into
Office of Industrial Policy
The committee supports the Procurement Technical Assistance
Program (PTAP) and its Procurement Technical Assistance Centers
(PTACs) throughout the nation as a critical resource for the
warfighter and large and small businesses, especially as the
economy recovers from the COVID-19 pandemic. PTACs create a
unique communication channel with subcontractors and suppliers,
who often have limited or no direct interaction with
government, but are critical to the defense supply chain. The
committee supports the integration of the PTAP into the Office
of Industrial Policy in compliance with section 852 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92). The committee's intent for the move was to better
integrate the PTAP into the Office of the Under Secretary of
Defense for Acquisition and Sustainment to enhance the defense
industrial base and find new and better ways to utilize the
program beyond its core mission.
The committee further encourages the Office of the Under
Secretary of Defense for Acquisition and Sustainment to work
closely and collaboratively with the Association of PTACs, and
to implement the recommendations published in a Comptroller
General of the United States report (GAO-21-287), issued in
response to the committee report accompanying the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (H. Rept. 116-442), to ensure the overlap between
PTACs and the Small Business Administration's Small Business
Development Centers is collaborative. The committee directs the
Assistant Secretary of Defense (Industrial Policy) to provide a
briefing to the House Committee on Armed Services not later
than November 1, 2021, on specific efforts, both planned and
implemented, to expand the role of the PTAP in acquisition, the
defense industrial base, and its ability to serve more clients.
Supply Chain Management Leveraging Cross Domain Artificial Intelligence
Technologies
The committee supports the Department of Defense and its
Joint Artificial Intelligence Center (JAIC) efforts to
accelerate the delivery and adoption of Artificial Intelligence
capabilities across the department, its services, and agencies.
The Defense Critical Supply Chain Task Force believed the
Department must use the available tools, scale efforts, and
partner with industry to achieve supply chain transparency and
make strategic assessments. The Task Force also believed that
the Department could leverage artificial intelligence (AI) and
machine learning to collect multiple inputs, connect disparate
data sets, and then share with the services to identify and
address obsolescence or single-source risks.
Therefore, the committee directs the Secretary of Defense
to develop a plan on how to leverage new cross-enterprise AI
technologies to improve the Department's predictive supply
chain management for critical and essential materials and brief
the House Committee on Armed Services on its plan no later than
March 1, 2022. The plan will include at a minimum the use of AI
in the following elements: providing visibility into all supply
chains, service patterns and their external drivers; ability to
assess and rate Defense Industrial Base and Organic Industrial
Base suppliers; ability to quickly link data within and across
the Department, and predict impending supply constraints,
optimize inventories, ordering and transport to increase
mission readiness.
Titanium Supply
The Defense Logistics Agency Strategic Materials office
(DLA-SM) serves as the program manager for the National Defense
Stockpile (NDS). The committee understands that DLA-SM has
identified titanium as a priority NDS material. Titanium is a
high-strength, corrosion-resistant metal with properties that
make it critical for use in aerospace applications, including
structural components of military aviation platforms. The U.S.
titanium industry has historically been reliant on imports of
titanium sponge, a key feedstock used in the titanium
production process. More than 90 percent of titanium sponge is
sourced from Japan, a U.S. ally. The last remaining titanium
sponge manufacturing facility in the United States closed
indefinitely in 2020. As a result, the U.S. industrial base
depends on imports of this material. The committee understands
that DLA-SM has sought authority and resources to acquire 1,500
metric tons of titanium for the NDS. The committee supports
efforts to stockpile titanium in a variety of forms as a cost-
effective method to increase assured access to domestic
supplies. A reserve supply will provide availability to meet
national security needs, even in the event of a market
disruption, and will bolster domestic titanium industry
capabilities in the near term.
Use of Multi-role Contractor Owned Contractor Operated Aircraft
The committee understands that Combatant Commanders
continue to manage air assets to maximize ability to meet
mission requirements in their Area of Responsibility. It also
understands those forces are composed of a combination of
organic and contractor personnel operating single-role and
multi-role aircraft and that currently, all contractor owned
contractor operated Intelligence Surveillance and
Reconnaissance (ISR) aircraft are dedicated to ISR missions and
contractor owned contractor operated Mobility/Casualty
Evacuation aircraft are dedicated to mobility/casualty
evacuation missions. As a result, there are missed
opportunities for cross-over or economies of scale. The
committee believes an increase in the use of multi-role assets
could provide Combatant Commanders additional flexibility in
executing day-to-day mission requirements. Any contractor owned
contractor operated solutions considered should be responsive
to validated Joint Service gaps and should be incorporated into
their Force Development processes. However, the committee is
concerned about potential tasking and funding restrictions on
the use of contractor owned multi-role capable aircraft and the
ability to execute missions such as air mobility, medical and
casualty evacuation and ISR.
Therefore, the committee directs the Secretary of Defense
to provide the congressional defense committees a briefing, not
later than June 1, 2022, on the Department of Defense's ability
to utilize contractor owned contractor operated aircraft in a
multi-use role. At a minimum, the briefing will include:
(1) challenges and opportunities associated with a single
or fleet of contractor owned contractor operated aircraft
equipped to carry out multiple functions and missions;
(2) cost associated with single-role versus multi-use
contractor operated contractor owned aircraft;
(3) comparison of operational value associated with single-
role versus multi-use contractor operated contractor owned
aircraft;
(4) capability of swapping payloads in a timely manner to
meet changing mission requirements;
(5) assessment of types of aircraft available to meet
multi-role mission requirements;
(6) assessment of single role mission capabilities with
similar mission capabilities on a multi-role aircraft;
(7) potential contracting challenges associated with
executing multi-role missions using contractor operated
contractor owned aircraft (i.e. air mobility, medical/casualty
evacuation, ISR, etc.);
(8) mission prioritization and tasking constraints;
(9) and analysis that weighs the costs, benefits, and risks
required to determine the expected impact on costs and on
mission achievement;
(10) methods to ensure that multi-role aircraft that will
transport service members are certified to the proper standard;
and
(11) processes for evaluating functions that could be
categorized as inherently governmental or closely associated to
governmental services.
Value of Foreign Direct Investment and Engaging Allies in Rapid
Innovation
The committee is encouraged by the Under Secretary of
Defense for Acquisition and Sustainment's efforts to integrate
foreign direct investment and global collaboration with trusted
allies and partners and the Under Secretary of Defense for
Research and Engineering's work with allies and partners on
foreign comparative testing, which both help the Department
pursue rapid innovation and fielding of new technologies, and
secure global supply chains, procurement and sustainment
strategies.
The committee directs the Under Secretary of Defense for
Acquisition and Sustainment and the Under Secretary of Defense
for Research and Engineering to jointly provide a briefing to
the committee by March 1, 2022 on the Department's ongoing
efforts, including the role the Department plays in the
committee on Foreign Investment in the United States process
and foreign comparative testing, and how they work together to
identify promising innovative technology in support of National
Defense Strategy priority areas and promote strategic
engagements between foreign governments, institutions, and
private sector entities from allied countries that improve the
Department's access to and sustainment of technologies that are
critical to national security.
LEGISLATIVE PROVISIONS
Subtitle A--Acquisition Policy and Management
Section 801--Acquisition Workforce Educational Partnerships
This section would direct the president of the Defense
Acquisition University (DAU) to create a program and designate
a program manager to partner with outside entities to augment
the DAU curriculum with experiential learning opportunities and
ensure the entire acquisition workforce receive training
related to critical operational challenges. The section would
further establish a formal partnership with outside faculty and
require an annual report on legislative proposals and
recommendations related to emerging acquisition policy issues.
Section 802--Special Emergency Reimbursement Authority
This section would establish special emergency authority
for the Secretary of Defense to reimburse contractors for
certain costs during a covered emergency.
Section 803--Prohibition on Procurement of Personal Protective
Equipment from Non-Allied Foreign Nations
This section would prohibit the procurement of certain
personal protective equipment from designated nations.
Section 804--Minimum Wage for Employees of Department of Defense
Contractors
This section would establish a minimum wage of $15 per hour
for covered employees of Department of Defense contractors
performing on covered contracts.
Section 805--Diversity and Inclusion Reporting Requirements for Covered
Contractors
This section would require covered contractors to submit
annual reports regarding diversity and inclusion within their
workforce and would require the Secretary of Defense to submit
an annual report on the consolidated findings.
Section 806--Website for Certain Domestic Procurement Waivers
This section would amend section 4814 of title 10, United
States Code, to require the Secretary of Defense to establish
and maintain a publicly available website for the purpose of
publishing information related to the type and reasoning for
each waiver or exception granted to the Buy American Act
sourcing requirements.
Section 807--Suspension or Debarment Referral for Egregious Violations
of Certain Domestic Preference Laws
This section would require a contracting officer to refer
to the appropriate suspension or debarment official any current
or former Department of Defense contractor if the contracting
officer believes the contractor has egregiously violated the
domestic preference requirements of section 2533a of title 10,
United States Code, Berry Amendment, or section 2533b of title
10, United States Code, Restrictions on Specialty Metals. The
section would include a safe harbor exception where a
contractor reasonably acted in good-faith reliance on a written
waiver from an authorized individual, or on a representation by
a third party about the origin of goods, articles, materials,
or supplies.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Section 811--Extension of Authorization for the Defense Civilian
Acquisition Workforce Personnel Demonstration Project
This section would extend the United States Air Force's
Acquisition Demonstration program by 2 years, to 2025.
Section 812--Modifications to Contracts Subject to Cost or Pricing Data
Certification
This section would make technical changes to section 2306a
of title 10, United States Code, to conform to amendments made
by section 814 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
Section 813--Office of Corrosion Policy and Oversight Employee Training
Requirements
This section would require the Director of the Office of
Corrosion Policy and Oversight to ensure that contractors
preventing and mitigating corrosion of Department of Defense
equipment and infrastructure make use of qualified training
programs for hiring and that the Department do the same for
training or professional development of military personnel and
civilian employees.
Section 814--Standard Guidelines for Evaluation of Requirements for
Services Contracts
This section would amend section 2329 of title 10, United
States Code, to include standard guidelines based on the
checklist in use by the Department of the Army and to require
the senior official supervising requirements to certify that
task orders and statements of work comply with such standards.
Section 815--Extension of Requirement to Submit Selected Acquisition
Reports
This section would restore the requirement for a report at
the end of each fiscal-year quarter on current major defense
acquisition programs and any program to exceed $300.0 million.
Section 816--Limitation on Procurement of Welded Shipboard Anchor and
Mooring Chain for Naval Vessels
This section would amend section 2534 of title 10, United
States Code, to require that all shipboard anchor chains be
manufactured in the national technology and industrial base.
Section 817--Competition Requirements for Purchases from Federal Prison
Industries
This section would amend section 3905 of title 10, United
States Code, to restore the mandatory preference for the
Department of Defense to purchase from Federal Prison
Industries so long as market research demonstrates the product
is comparable to products available from the private sector and
best meets the needs of the Department in terms of price,
quality, and time of delivery.
Section 818--Repeal of Preference for Fixed-Price Contracts
This section would repeal section 829 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328), which established a statutory preference for fixed-price
type contracts and a requirement for senior acquisition
executives to approve the award of cost-type contracts over
$25.0 million.
Section 819--Modification to the Pilot Program for Streamlining Awards
for Innovative Technology Projects
This section would amend section 873 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92), Pilot Program for Streamlining Awards for Innovative
Technology Projects, as amended by section 832 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), to extend the deadline
by 2 years to October 1, 2024. This section would also require
the Secretary of Defense to submit a recommendation to the
congressional defense committees by April 1, 2023, as to
whether the pilot should be further extended, and if so include
with it the lessons learned from this pilot and usage data.
Section 820--Other Transaction Authority Information Accessibility
This section would require the Department of Defense to
provide recommendations to make other transaction authority
data more accessible and improve the reporting structure.
Subtitle C--Provisions Relating to Supply Chain Security
Section 831--Department of Defense Research and Development Priorities
This section would require Department of Defense priorities
to be addressed in research and development programs focused on
alternative technologies to, and methods for the extraction,
processing, and recycling of, critical minerals.
Section 832--Defense Supply Chain Risk Assessment Framework
This section would require the Department of Defense to
develop a supply chain risk assessment framework leveraging of
supply chain illumination tools.
Section 833--Plan to Reduce Reliance on Supplies and Materials from
Adversaries in the Defense Supply Chain
This section would require a plan to reduce reliance on
certain materials obtained from sources located in geographic
areas controlled by foreign adversaries.
Section 834--Enhanced Domestic Content Requirement for Major Defense
Acquisition Programs
This section would establish certain thresholds for
domestic content requirements, and would require a related
assessment.
Section 835--Reduction of Fluctuations of Supply and Demand for Certain
Covered Items
This section would direct the Secretary of Defense to
specify methods and processes to track fluctuations in supply
chain forecasting and demand requirements for certain items and
implement policies to encourage predictable demand
requirements. The section would also require a quarterly report
on supply chain forecasting fluctuations to the Under Secretary
of Defense for Acquisition and Sustainment.
Section 836--Prohibition on Certain Procurements from the Xinjiang
Uyghur Autonomous Region
This section would prohibit Department of Defense funds for
certain procurements from the Xinjiang Uyghur Autonomous Region
of China. This section would also require the issuance of rules
for contracts with the Department of Defense related to such
prohibition.
Subtitle D--Industrial Base Matters
Section 841--Modification of Pilot Program for Development of
Technology-Enhanced Capabilities with Partnership Intermediaries
This section would amend the pilot program authorized in
section 851 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) to raise the aggregate
amount allowed to be spent on the pilot from $2.0 million to
$20.0 million, to allow for other entities in the Department of
Defense that make awards under the Small Business Innovation
Research program to transfer funding to the Commander of the
U.S. Special Operations Command to use in the pilot, and to
extend the activity from September 30, 2021, through September
30, 2025. The annual reporting requirement would be modified to
include additional data and information requirements and
extended to cover the duration of the pilot program.
Section 842--Designating Certain SBIR and STTR Programs as
Entrepreneurial Innovation Projects
This section would direct the Secretary of Defense and the
Secretaries of the military departments to each carry out a
pilot program to more effectively transition Small Business
Innovation Research programs and Small Business Technology
Transfer programs into Phase III. This section would direct the
Secretaries to each designate five completed Phase II programs
to include in the next Future Years Defense Program as
Entrepreneurial Innovation Projects, and to consider them as
part of the Department of Defense's planning, programming,
budgeting, and execution process. The Secretary of Defense
would be responsible for submitting a report annually to the
congressional defense committees on the programs selected for
the duration of the 5-year pilot.
Section 843--Modifications to Printed Circuit Board Acquisition
Restrictions
This section would amend section 2533d of title 10, United
States Code, and section 841 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283), which prohibited acquisitions of certain printed
circuit boards by the Department of Defense.
Section 844--Defense Industrial Base Coalition for Career Development
This section would require the establishment of a coalition
among covered institutions of higher education, career and
technical education programs, workforce development boards,
labor organizations, and organizations representing defense
industrial base contractors to focus on career pathways for
individuals seeking careers in manufacturing as well as a
report on current efforts and offer recommendations.
Section 845--Additional Testing of Commercial E-Commerce Portal Models
This section would direct the Administrator of General
Services to begin testing other e-commerce portal models and
provide a report to congressional defense committees with a
summary of their findings and testing results.
Section 846--Support for Industry Participation in Global Standards
Organizations
This section would create a grant program to assist
domestic businesses with the high costs of participating in
standards development, including conducting relevant research,
developing requisite skills and expertise, preparing standards
proposals, and attending technical standards-setting meetings.
Subtitle E--Other Matters
Section 851--Mission Management Pilot Program
This section would establish a mission management pilot
program led by the Strategic Capabilities Office to identify
lessons learned and improved mission outcomes achieved by
quickly delivering solutions that fulfill cross-service
operational needs.
Section 852--Pilot Program to Determine the Cost Competitiveness of
Drop-In Fuels
This section would direct the Secretary of Defense to
establish a 5-year pilot program to determine the cost
competitiveness of the fully burdened cost of drop-in fuels
compared with the fully burdened cost of traditional fuel using
a commercially available scenario-based strategic sourcing
tool, and to submit an annual report on the impact of the pilot
program.
Section 853--Assuring Integrity of Overseas Fuel Supplies
This section would amend section 813(c)(3) of the National
Defense Authorization Act for Fiscal Year 2017 by adding fuel
procurement and fuel-related services to the list of
acquisition activities that shall avoid use of lowest price
technically acceptable source selection, to the maximum extent
practicable.
This section would also add certification requirements for
overseas contingency fuel contracting.
Section 854--Cadre of Software Development and Acquisition Experts
This section would require the Department of Defense to
create a software development and acquisition cadre. The cadre
will assist the Department with developing and acquiring
software by providing expert advice, assistance, and resources.
Section 855--Acquisition Practices and Policies Assessment
This section would direct the Department of Defense Climate
Working Group to assess and develop recommendations for
implementing sustainable acquisition practices and policies in
regulations and to submit a report on the assessment and
recommendations.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
ITEMS OF SPECIAL INTEREST
Report on the Office of the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict
The committee reaffirms its commitment to the fundamental
principle of civilian control of the military. Civilian
leadership within the Department of Defense includes the roles
and responsibilities of the office of the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict in
overseeing various military functions, especially those
activities of the United States Special Operations Command to
organize, train, and equip special operations forces to carry
out assigned missions. The committee is concerned that the
current size and composition of the office of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict may not be proportionate to the scope of its roles and
responsibilities.
Therefore, the committee directs the Secretary of Defense
to review the organizational structure of the office of the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and to provide a report to the congressional
defense committees, not later than March 1, 2022, on the
organizational requirements of the office of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict and any plans that the Secretary may develop to
reorganize that office. The report shall include a detailed
description of the office of the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict's roles and
responsibilities; a detailed description of the office's
organizational structure; the number and type of billets funded
by the Department of Defense that the Secretary determines are
required to support the office's roles and responsibilities; a
detailed description of the process and a timeline for
validating those billets; a detailed description of any extant
organizational gaps or redundancies; and a plan for remediating
any such gaps or redundancies.
LEGISLATIVE PROVISIONS
Subtitle A--Office of the Secretary of Defense and Related Matters
Section 901--Modification of Requirements for Appointment of a Person
as Secretary of Defense after Relief from Active Duty
This section would modify the limitation on a person who
may be appointed as Secretary of Defense that is required by
section 113(a) of title 10, United States Code, by increasing
the limitation to 10 years after departure from Active Duty and
applying the limitation only to commissioned officers of the
pay grade 0-6 or above.
This section would also allow the appointment of a person
as Secretary of Defense notwithstanding this limitation if
Congress enacts a joint resolution of approval with an
affirmative vote of three-fourths of the Senate and the House
of Representatives.
Section 902--Implementation of Repeal of Chief Management Officer of
the Department of Defense
This section would remove the restriction that prohibits an
individual who served as the Chief Management Officer before
the date of the enactment of this Act to be assigned duties or
responsibilities previously served by the Chief Management
Officer.
Section 903--Designation of Senior Official for Implementation of
Electromagnetic Spectrum Superiority Strategy
This section would require the Department of Defense to
designate a sole senior official responsible for implementing
any current or future electromagnetic spectrum superiority
strategy of the Department. This section would also require the
Secretary of Defense to submit a report to the congressional
defense committees on the sufficiency of electromagnetic
warfare rules of engagement. In addition, this section would
require the Secretary to provide the congressional defense
committees with a copy of the implementation plan signed by the
Secretary in July 2021 for the Electromagnetic Spectrum
Superiority Strategy. It would also limit funds for the Office
of the Under Secretary of Defense for Acquisition and
Sustainment for travel until the Secretary meets various
briefing requirements related to the status of the
implementation plan.
Subtitle B--Other Department of Defense Organization and Management
Matters
Section 911--Clarification of Treatment of Office of Local Defense
Community Cooperation as a Department of Defense Field Activity
This section would clarify that the Office of Local Defense
Community Cooperation is to be treated as a Department of
Defense Field Activity.
Section 912--Use of Combatant Commander Initiative Fund for Certain
Environmental Matters
This section would add resilience of military
installations, ranges, and supporting infrastructure to the
list of permissible uses for the Combatant Commander Initiative
Fund.
Section 913--Inclusion of Explosive Ordnance Disposal in Special
Operations Activities
This section would amend section 167(k) of title 10, United
States Code, regarding the inclusion of explosive ordnance
disposal into special operations activities.
Section 914--Coordination of Certain Naval Activities with the Space
Force
This section would amend section 8062(d) of title 10,
United States Code, and would establish the Space Force as a
matter of joint concern to the Navy.
Section 915--Space Force Organizational Matters and Modification of
Certain Space-Related Acquisition Authorities
This section would provide a sense of Congress regarding
the intent behind establishing the U.S. Space Force, and the
organizational structure of the military service. This section
would further emphasize the need for Space Force to remain a
lean, agile, and fast organization, and encourage continued
communication with Congress on areas for which legislative
action is needed to enable the service to reach full
operational capability.
This section would also amend the National Defense
Authorization Act for Fiscal Year 2020 by modifying the
implementation date for having a Service Acquisition Executive
for Space in place to not later than October 1, 2022. This
section would also allow the Secretary of the Air Force to
assign the Assistant Secretary of the Air Force for Space
Acquisition and Integration duties and authorities of the
senior procurement executive for space systems and programs.
Section 916--Report on Establishment of Office to Oversee Sanctions
with Respect to Chinese Military Companies
This section would require the Secretary of Defense to
submit a report on the feasibility of establishing an office
within the Department of Defense to oversee sanctions with
respect to Chinese military companies.
Section 917--Independent Review of and Report on the Unified Command
Plan
This section would require an independent review of the
current Unified Command Plan and a report on the findings of
that review.
Subtitle C--Space National Guard
Section 921--Establishment of Space National Guard
This section would establish a Space National Guard as part
of the United States Space Force.
Section 922--No Effect on Military Installations
This section would clarify that nothing in this subtitle
would require or authorize the relocation of any facility,
infrastructure, or military installation of the Space National
Guard or Air National Guard.
Section 923--Implementation of Space National Guard
This section would require the Secretary of the Air Force
and the Chief of the National Guard Bureau to implement the
changes authorized not later than 18 months after the date of
the enactment of this Act.
Section 924--Conforming Amendments and Clarification of Authorities
This section would authorize the required conforming
amendments.
TITLE X--GENERAL PROVISIONS
ITEMS OF SPECIAL INTEREST
Anti-Surface Integration
The committee remains focused on deterring ever-increasing
Chinese aggression, specifically the threat of military force
against Taiwan, and ensuring combatant commanders are well-
equipped to defeat the threat should a regional crisis
materialize in the near term. The committee seeks to strengthen
the credibility of American deterrence while simultaneously
ensuring sufficient combat-ready U.S. forces in the Indo-
Pacific to prevent China from seizing or maintaining the
advantage early in a conflict. To that end, the committee is
encouraged by the Navy's efforts to leverage proven aviation
platforms to combat China's growing fleet of assault ships; for
example, integration of the Long-Range Anti-Ship Missile
(LRASM) onto the Multi-Mission P-8 aircraft, which is also
utilized for Anti-Submarine Warfare and ISR missions by
strategic regional allies such as India and Australia.
Additionally, the committee remains supportive of the Maritime
Strike Tomahawk, Harpoon block II, offensive mining initiatives
and other related strike options to better advance surface
strike capabilities. Therefore, the committee directs the
Commander of the U.S. Indo-Pacific Command to provide a
briefing to the House Committee on Armed Services by March 1,
2022 as to an assessment of the current number of available
anti-ship fires in the region and anticipated capabilities and
capacities of options projected to be available in the next
five years. The briefing should also include an assessment of
how additional fires would impact the ability of the command to
meet operational requirements.
Cultivating Special Operations Forces Technical Skills
Foreign adversaries are increasingly operating below the
level of armed conflict, engaging in disinformation operations,
cyber espionage, and economic coercion against the United
States and partners and allies of the United States. The
committee understands that certain niche technical skills, such
as computer programming, psychological operations, and foreign
language proficiency are essential to the conduct of irregular
warfare. While the committee recognizes that irregular warfare
is a necessary whole-of-government tradecraft in which the
Department of Defense is a critical component, special
operations forces (SOF) can--and do--play an important role in
irregular warfare. The committee believes that the United
States should prioritize recruiting, enhancing, and retaining
such technical skills within SOF as a means to proactively
posture against malign influence.
Therefore, the committee directs the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict, in
coordination with the Under Secretary of Defense for Personnel
and Readiness, to provide a report to the House Committee on
Armed Services by June 30, 2022, on a five-year strategy to
identify, recruit, and retain individuals from the military
services for SOF who possess an aptitude for or technical
skills in computer programming, machine learning and artificial
intelligence, psychological operations, threat finance, and
biological engineering. As framed by the Interim National
Security Strategic Guidance, the report shall also include:
(1) a definition and baseline of those technical skillsets
deemed critical by U.S. Special Operations Command extant
within the SOF formation, articulated by military service
component and technical skill;
(2) a baseline of such technical skills in computer
programming, machine learning and artificial intelligence,
psychological operations, threat finance, and biological
engineering, if distinct from assessed capabilities currently
resident within the SOF formation in reporting element (1);
(3) annual recruitment targets (for each of the five years
covered by the strategy) for candidates with demonstrated
technical skills specified in reporting elements (1) and (2) to
be selected for participation in the initial assessment and
qualification programs of the special operations forces;
(4) any gaps between recruitment/retainment targets and
those SOF members with the demonstrated technical skills
specified in reporting elements (1) and (2);
(5) a description of any training programs used to maintain
or enhance technical skills within SOF, including any non-
governmental programs used;
(6) an annual plan (for each of the five years covered by
the strategy) to maintain and enhance technical skills within
SOF; and
(7) an annual plan (for each of the five years covered by
the strategy) to retain those SOF members who have the
specified technical skills.
Defense Counterintelligence and Security Agency Working Capital Fund
Operations
The committee notes that when it was responsible for
Federal background investigations, the Office of Personnel
Management (OPM) struggled to manage its working capital fund
in accordance with best practices, project its workload, and
set appropriate and transparent rates for its customers. The
Defense Counterintelligence and Security Agency (DCSA) became
the Government's primary investigative service provider in
October 2020, and also intends to finance its background
investigation activities using a working capital fund. It is
critical that appropriate controls, processes, and procedures
be established from the onset to ensure that DCSA management of
the working capital fund amounts is in accordance with best
practices.
Therefore, the committee directs the Comptroller General of
the United States to review the processes, procedures, and
operations of DCSA's defense working capital fund. This review
should address the following elements:
(1) the transfer of funds from OPM's working capital fund
to DCSA's working capital fund and the effect the loss of
revenue from background investigations has had on OPM's
operations;
(2) DCSA's use of different revenue streams to fund its
operations and the controls, processes, and procedures it has
put in place to ensure working capital fund amounts are used
only for eligible activities;
(3) the extent to which DCSA has maintained its working
capital fund cash balance within appropriate upper and lower
thresholds and the drivers behind increases or decreases in the
DCSA working capital fund cash balance;
(4) DCSA's efforts to effectively manage its working
capital fund by applying lessons learned and using best
practices for working capital fund operations; and
(5) DCSA's efforts to plan for changes in costs as Trusted
Workforce 2.0 and continuous vetting are implemented, as well
as the effect this is expected to have on rates charged to
customers, including administrative overhead costs.
The committee further directs the Comptroller General to
provide a briefing on the review to the House Committee on
Armed Services not later than March 1, 2022, and to submit a
final report on a date agreed to at the time of the briefing.
Department of Defense's Use of Independent Public Accounting Firms for
Audit Remediation Services
The committee notes the significant work that has been done
to improve auditing practices within the Department of Defense.
The Department has invested a substantial amount of time and
money on audit and audit remediation efforts. The committee
encourages the Department to continue to ensure a free and open
competition for audit remediation services.
Deployment-to-Dwell Ratio of Special Operation Forces
The committee understands that special operations forces
(SOF) sustained a near 1:1 deployment-to-dwell operational
tempo for the last 20 years in support of geographic combatant
commands to counter violent extremist organizations. The
committee is aware that the 20 years of constant deployments
has profoundly challenged SOF culture and readiness, and is
encouraged by efforts to increase the time between deployments
across the formation.
Therefore, the committee directs the Assistant Secretary of
Special Operations and Low Intensity Conflict to provide a
report to the congressional defense committees by January 28,
2022, on the current and projected deployment to dwell ratio
for special operations forces. The report shall consider the
Global Force Management Allocation Plan and any Request for
Forces related to SOF. Further, in addition to specifically
addressing the deployment to dwell ratio for support forces,
the report must include the National Guard and Reserve
Components.
Dictionary of American Naval Fighting Ships
The committee understands the importance of naval history
to sailors and their families like. The Dictionary of American
Naval Fighting Ships is the official reference work on the
basic facts about ships commissioned by the U.S. Navy since
October 13, 1775. The committee is concerned that the
Dictionary of American Naval Fighting Ships is severely out of
date.
Therefore, the committee directs the Secretary of the Navy
brief the House Committee on Armed Services by March 1, 2022,
on efforts to update the Dictionary of American Naval Fighting
Ships. The briefing will include at a minimum: (1) timeline;
(2) scope of project; and (3) existing and proposed budget
needed to update the Dictionary of American Naval Fighting
Ships within five years.
Fire Boats
The committee recognizes the lack of fire boats at U.S.
naval bases. This lack of access to dedicated fire boats may be
a safety hazard to sailors and civilian workers and may expose
warships worth tens of billions of dollars to unnecessary
danger. The committee is particularly concerned about the loss
of the USS Bonhomme Richard in 2020 and how fire boat access
contributed to the complete loss of this warship.
Therefore, the committee directs the Secretary of the Navy
to prepare a brief to the House Committee on Armed Services by
March 1, 2022 that: details the findings associated with the
USS Bonhomme Richard accident investigation and deficiencies
identified that would have allowed Navy to more adequately
respond to the loss of the USS Bonhomme Richard; and, develop a
fire boat response plan at major U.S. naval bases. The plan
will include at a minimum the scope, budget and timelines
necessary to implement such plan.
Increased Access to Oceanographic Data
The committee directs the Secretary of the Navy to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives not later than March 1, 2022,
regarding such steps as may be necessary to ensure the release
of and public access to unclassified and declassified
oceanographic data, subject to applicable regulatory
restrictions.
Integration of Nonstandard Data
The committee is aware that the Department of Defense is
exploring multiple options for the nondisruptive ingestion of
data from nonstandard sources and locations. This data
``fabric'' is created when data is created or collected from
various systems and sensors.
However, such data presents issues with formatting,
latency, and other obstacles to integration and exploitation.
This data ``fabric'' is analogous to the creation of numerous
``threads'' that may or may not have the ability to talk to
each other and be interpreted in a sensible way.
The committee is pleased that the Department, especially in
the special operations community, is developing capabilities to
access and analyze this data, including the use of artificial
intelligence and machine learning services that are dedicated
to data fabric integration to meet national security needs.
The committee directs the Secretary of the Army to brief
the House Committee on Armed Services no later than March 2,
2022 on the progress that the Army is making in ensuring that
all units, both in special operations and conventional forces,
have access to contracted data fabric integration capabilities
when necessary to meet operational requirements.
Irregular Warfare Annex Implementation Plan
The committee recognizes that the shift from countering
violent extremism to countering strategic competition
necessitates a fully synchronized effort across the Department
of Defense. While the Department must always prepare for high-
intensity traditional warfare, the future state of strategic
competition is more likely to be dominated by irregular
warfare. The committee is concerned that a fully integrated and
proactive approach to planning for and implementing irregular
warfare has not yet been fulsomely adopted by those Department
of Defense organizations which are tantamount to the success of
such a shift in the conduct of warfare. Thus, the committee
believes that, to achieve truly comprehensive national
security, the Department of Defense must pursue the development
of capabilities in both the traditional and irregular warfare
constructs.
The committee believes that the office of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict (ASD SO/LIC) commands a unique perspective in the
shaping and integration of irregular warfare resourcing,
requirements, training, and force posture adjustments across
the Department of Defense due to the strategic civilian
oversight responsibilities of special operations forces, which
are an exemplar force in the conduct of irregular warfare. The
committee is aware of ASD SO/LIC's efforts, in partnership with
the Joint Staff, to support the Department of Defense's
development of an irregular warfare implementation plan for the
Joint Force which will undoubtedly facilitate a more thorough
understanding of how to expand the competitive space through
irregular warfare methodology.
Therefore, the committee directs the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict to
provide a briefing to the House Committee on Armed Services not
later than February 25, 2022, on its progress supporting the
Department of Defense's efforts towards institutionalizing
irregular warfare as a core competency for the Joint Force. The
briefing shall include how the Department is developing and
planning to leverage a Functional Center for Security Studies
in Irregular Warfare, as previously directed in the committee
report accompanying the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (H. Rept. 116-
442).
National Background Investigation Services
The committee notes that the Defense Counterintelligence
and Security Agency (DCSA) is developing the National
Background Investigation Services (NBIS) system, which will be
the Federal Government's primary information technology system
for end-to-end personnel vetting and will replace the suite of
legacy background investigation and case management systems
previously operated by the Office of Personnel Management. The
NBIS system will be the centerpiece of the Federal Government's
transformation to a modernized personnel vetting system and
will functionalize critical innovations such as continuous
vetting as the background investigations enterprise moves from
periodic reinvestigations to real-time automated record checks.
However, the committee is concerned by the NBIS system's cost,
delayed delivery schedule, potential security vulnerabilities,
and information sharing challenges with key stakeholders.
Therefore, the committee directs the Comptroller General of
the United States to review the NBIS system. This review should
address the following elements:
(1) the amount of funding requested, expended, and
projected thus far for the NBIS system and the associated
capabilities that have been delivered;
(2) the extent to which DCSA has planned for and
implemented cybersecurity controls for both the NBIS system and
legacy background investigation systems;
(3) the extent to which DCSA is engaging stakeholders in
the development of NBIS requirements and capabilities; and
(4) any other related matters the Comptroller General
considers appropriate.
The committee further directs the Comptroller General to
provide preliminary observations to the House Committee on
Armed Services not later than March 1, 2022, and to submit a
final report on a date agreed to at the time of the briefing.
Optimizing AMBIT Adjustments
The committee is aware of the upcoming auction of the 3450-
3550 MHz band of mid-band spectrum currently under exclusive
license to the Department of Defense. Enabling commercial
access to this band will, when combined with existing
commercial spectrum, make significant contributions to the
effectiveness and efficiency of U.S. 5G and 5G-enabled
technologies, benefitting Americans while also bolstering our
economic competitiveness.
However, the sale will also require major adjustments to a
number of Department of Defense spectrum-dependent systems.
Through the Spectrum Relocation Fund (SRF), proceeds from the
upcoming auction will help to defray the costs associated with
those adjustments. However, SRF funding may only be used for
costs associated with achieving ``comparable capability'' to
that lost by the affected systems.
At the same time, there is broad recognition that such
``comparable capability'' is no longer sufficient to deliver
U.S. advantage in a spectrum environment that is increasingly
constrained, congested, and contested. That recognition has
driven the creation of the Electromagnetic Spectrum (EMS)
Superiority Strategy and associated Implementation Plan, though
funding to support the scope and scale of necessary advances to
support that plan remains scarce.
As the mid-band-dependent systems affected by the upcoming
auction make the required adjustments, this presents the
Department with an opportunity to achieve leap-ahead advances
toward more agile spectrum use. Capitalizing on this
opportunity will require deliberate, careful alignment of SRF
and appropriated funding to ensure both funding sources are
used appropriately, but to maximum combined effect.
To ensure this alignment, the committee directs the Senior
Designated Official for EMS, supported by the Office of the
Secretary of Defense Chief Information Office, the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense, Comptroller, to provide a briefing
to the House Committee on Armed Services not later than January
15, 2022. The briefing shall describe the Department's plan to
align adjustments to the affected mid-band-dependent systems
with the goals of the EMS Superiority Strategy, the expected
uses of various funding sources in support of that plan, and
the oversight mechanisms to ensure appropriate adherence to the
plan.
Other Potential Uses for Decommissioned Naval Assets
The Committee believes there is merit in examining other
possible uses of ships proposed to be decommissioned by the US
Navy. The Committee is aware of interest on the part of foreign
allies in some of these ships which could be beneficial to the
US Navy and allied relationships. The Navy has proposed
additional retirements of several Littoral Combat ships, as
well as Aegis cruisers. Both these classes of ships offer the
opportunity for interoperability and commonality with allied
navies either due to Hull, Mechanical and Electrical (HM&E)
characteristics or similarities with combat or weapons systems.
Therefore, the committee directs the Secretary of the Navy
to provide a report to the House Committee on Armed Services by
March 1, 2022 on the viability of transferring ships planned
for decommissioning to allied Navies, to include Ticonderoga
Class Cruisers the Littoral Combat Ships. The report should
explore all options, with associated costs and risks, in
effecting the transfer, including a full transfer or a
potential leasing mechanism that would allow for the ultimate
transfer of the asset back to the US Navy upon completion of
the lease term. The report should also examine modifications
and repairs that would be necessary to address operational
deficiencies and other modifications necessary for operation by
allied Navies.
Report on Congressional Increases to the Defense Budget
The committee directs the Secretary of Defense to submit a
report to the congressional defense committees as an
unclassified appendix to the Fiscal Year 2023 Department of
Defense budget request on the programs and activities of the
Department for which Congress provided authorization or
appropriations levels in the Fiscal Year 2022 National Defense
Authorization Act or the Fiscal Year 2022 Defense
Appropriations Act that exceeded the amount requested for such
program or activity in the budget for the Department of Defense
submitted to Congress by the President for Fiscal Year 2022.
The report shall include information on:
(1) Any program or activity that the Department of Defense
sought to divest from entirely, or requested zero units, but
that was restored wholly or in part by Congress, and;
(2) Any program or activity that Congress authorized or
appropriated at a level exceeding the amount requested by the
Department of Defense in its Fiscal Year 2022 budget request by
$20,000,000 or more.
(3) Each program or activity listed in this report shall
include an assessment of whether and how the program or
activity does or does not meet requirements in support of the
priorities articulated in the 2018 National Defense Strategy
and the 2021 Interim National Security Strategic Guidance.
In addition to being appended to the Department of
Defense's Fiscal Year 2023 budget request, this report shall be
made publicly available on the website of the Under Secretary
of Defense (Comptroller).
Report on Need for Additional Ice Breakers in the Great Lakes Region
The committee directs the Secretary of Defense to submit a
report to the congressional defense committees by March 1, 2022
on whether additional ice breaking vessels are necessary in the
Great Lakes region. The report must include an analysis on the
necessity for ice breaking vessels in the St. Clair River.
Report on Posture of Special Operations Forces in the U.S. Central
Command Area of Responsibility
The committee recognizes that U.S. Special Operations
Forces (USSOF) are a potent force that is deployed globally and
provides critical capability and tradecraft in locations in and
outside of areas of active hostilities. Given the ongoing
conflicts in U.S. Central Command's (USCENTCOM) area of
responsibility (AOR) and the forthcoming withdrawal from
Afghanistan, the committee is interested in understanding SOF
posture across the USCENTCOM AOR.
Therefore, the committee directs the the Secretary of
Defense to provide a report to the congressional defense
committees by January 28, 2022, on any possible special
operations forces in the USCENTCOM AOR. The report shall
describe:
(1) the location(s), disposition, mission, and rules of
engagement for special operations forces in the USCENTCOM AOR,
exclusive of Afghanistan and Iraq;
(2) any potential combat engagements within the USCENTCOM
AOR, exclusive of Afghanistan and Iraq, within the period of 1
year preceding the date of the submission of the report; and
(3) any plans or anticipated adjustments to force posture
of USSOF in the areas described in reporting element (2) within
the 1-year period following the date of the submission of the
report, to include the Afghanistan retrograde.
The report must be submitted in unclassified form but may
contain a classified annex.
Report on United States Contributions to Multilateral and International
Organizations
The committee believes that U.S. support for multilateral
and international organizations is critical to national
security. A wide diversity of multilateral and international
organizations are aligned with the United States' national
interest. However, the committee wishes to become better
informed on the extent to which U.S. funding contributions to
those organizations are aligned with the strategic objectives
identified by the National Defense Strategy.
Therefore, the committee directs the Secretary of Defense,
in consultation with the Secretary of State, to provide a
report, not later than March 31, 2022, to the House Committee
on Armed Services, with the following information:
(1) the aggregate amount of the United States' monetary
contributions to multilateral and international organizations
and the amount of such contributions toward purposes that are
aligned with the strategic objectives of the National Defense
Strategy; and
(2) analysis relating to: (a) the progress or record of
achievement of each recipient organization regarding the
purposes aligned with the strategic objectives of the National
Defense Strategy that are associated with the United States'
contributions; (b) any demonstrable proof of fraud, waste, or
abuse in connection with such contributions; and (c) whether
U.S. contributions received by each such organization were in
turn provided directly or indirectly to: the People's Republic
of China, the Russian Federation, the Democratic People's
Republic of Korea, the Bolivarian Republic of Venezuela, the
Syrian Arab Republic, the Taliban, or any organization
designated as a foreign terrorist organization pursuant to
section 210 of the Immigration and Nationality Act (8 U.S.C. 19
1189).
Secure Congressional Communications
The Defense Information Systems Agency (DISA) has provided
the House Committee on Armed Services with support, services,
and equipment for secure voice and video communications through
the Distributed Continuity Integrated Network--Top Secret
(DCIN-TS) Gold System. This support is provided through an
interagency service agreement that currently runs through
January 3, 2022. The committee notes that having assured access
to secure voice and video communications has assisted the
committee with its oversight responsibilities while also
providing additional flexibility and efficiencies to the
Department of Defense, Members of Congress, and committee
staff. While the committee is planning to renew the interagency
agreement beyond fiscal year 2022, the committee believes that
providing a programmatic increase to DISA's operation and
maintenance account is a more appropriate and efficient way for
covering the sustainment and support costs associated with the
committee's use of the DCIN-TS Gold System. Therefore, the
committee recommends a $35,000 increase for DISA to cover the
costs associated with providing support, services, and
equipment to the committee for secure voice and video
communications. Furthermore, the committee encourages DISA to
consider planning and programming for these recurring costs in
future budget requests.
Special Operations Forces Activities in Latin America and the Caribbean
The committee recognizes that today's threats are globally
diffuse and characterized by transnational networks that
transcend geographic boundaries. The committee further notes
that violent extremist organizations and near peer adversaries
often take advantage of regions which have historically been
focused on demands for conventional military forces and
capabilities, including in Latin America and the Caribbean. The
committee recognizes that a whole of government approach can
address diffuse threats, including the unique capabilities of
U.S. Special Operations Forces (USSOF).
Therefore, the committee directs the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict, in
coordination with the Commander, U.S. Special Operations
Command, to provide a report to the House Committee on Armed
Services by January 28, 2022, on the current and projected
force posture, assigned capabilities, and related activities by
USSOF in Latin America and the Caribbean. The report shall
address how USSOF posture, capabilities, and activities advance
U.S. national security interests, address evolving threats from
state and non-state actors operating in the region, and support
the objectives set forth in extant national security strategic
guidance. Finally, the report shall identify any capability or
capacity gaps and the reasons for those gaps.
Update on the Limitation of Funds to Institutions of Higher Education
Hosting Confucius Institute
Section 1062 of the Fiscal Year 2021 (FY21) National
Defense Authorization Act (NDAA) (PL 116-617) placed a
limitation on the provision of Department of Defense funds to
institutions of higher education that hosted Confucius
Institute, unless the Secretary of Defense, in consultation
with the National Academies of Sciences, Engineering, and
Medicine, determines a waiver is appropriate. Section 1299C of
the same bill established an academic liaison in the Department
responsible for working with the academic and research
communities to protect Department-sponsored academic research
of concern from undue foreign influence and threats. Section
1062 directed that academic liaison manage the waiver process
on behalf of the Secretary, and that waivers may be granted to
institutions of higher education that have taken steps to:
(1) Protect academic freedom at the institution;
(2) Prohibit the application of any foreign law on any
campus of the institution;
(3) Grant full managerial authority of the Confucius
Institute to the institution, including full control over what
is being taught, the activities carried out, the research
grants that are made, and who is employed at the Confucius
Institute; and
(4) Engage with the Academic Liaison Officer in the Under
Secretary of Defense for Research and Engineering, and take
appropriate measures to safeguard defense-funded fundamental
research activities.
The conferees directed that the Secretary brief the
congressional defense committees on the establishment of the
waiver process, including the institutions for which the waiver
has been invoked. The committee is now aware that the majority
of universities have closed or ended their agreements with
Confucius Institute, and that there are fewer than 20
universities with these contracts today.
Therefore, the Committee directs the Secretary to provide a
briefing to the Committee on Armed Services of the House of
Representatives, not later than March 1, 2022, on which of
these universities that have obtained waivers from the
Secretary and therefore still receive Department funding also
host or coordinate Department programs such as the Reserve
Officers' Training Corps or innovation programs including the
National Security Innovation Network (NSIN).
USNS Bridge and USNS Rainier
The committee understands that there is a lack of organic
seagoing tanker capacity in the Navy's Combat Logistics Force
(CLF). The committee further recognizes that the USNS Bridge
and USNS Rainier were deactivated with additional service life
remaining as a cost savings measure and are currently in
reserve status. These two ships could immediately add
additional, much-needed CLF capability in the critical U.S.
Indo-Pacific Command area of responsibility. Therefore, the
committee directs the Secretary of the Navy to provide a
briefing to the House Committee on Armed Services by March 1,
2022, on the cost benefit of reactivating the USNS Bridge and
USNS Rainier.
LEGISLATIVE PROVISIONS
Subtitle A--Financial Matters
Section 1001--General Transfer Authority
This section would allow the Secretary of Defense, with
certain limitations, to make transfers between amounts
authorized for fiscal year 2022 in division A of this Act. This
section would limit the total amount transferred under this
authority to $6.50 billion.
Section 1002--Determination of Budgetary Effects
This section would state the budgetary effects of this Act
for the purpose of complying with the Statutory Pay-As-You-Go
Act of 2010.
Section 1003--Budget Justification for Operation and Maintenance
This section would require the Secretary of Defense, in
consultation with the Secretary of each of the military
departments, to provide an unclassified budget display to
identify the material readiness objectives for each major
weapon system, as well as the funds obligated, budgeted, and
programmed for the purpose of achieving the material readiness
objectives.
Subtitle B--Naval Vessels
Section 1011--Critical Components of National Sea-Based Deterrence
Vessels
This section would add additional components to the
continuous production authority that resides within the
National Sea-Based Deterrence Fund.
Section 1012--Biennial Report on Shipbuilder Training and the Defense
Industrial Base
This section would make technical changes to section 1026
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
Section 1013--Revision of Sustainment Key Performance Parameters for
Shipbuilding Programs
This section would require the Secretary of the Navy to
include sustainment and lifecycle planning as a key performance
parameter in any new ship class.
Section 1014--Prohibition on Use of Funds for Retirement of Mark VI
Patrol Boats
This section would prohibit the Secretary of the Navy from
retiring any Mark VI patrol boat in fiscal year 2022. This
section would also require the Secretary of the Navy to provide
a report on the Mark VI patrol boat.
Section 1015--Assessment of Security of Global Maritime Chokepoints
This section would require the Secretary of Defense to
provide a report to the congressional defense committees not
later than 180 days after the date of the enactment of this Act
on the security of all global maritime chokepoints.
Section 1016--Annual Report on Ship Maintenance
This section would amend chapter 863 of title 10, United
States Code, to require the Secretary of the Navy to submit to
the Committees on Armed Services of the Senate and the House of
Representatives an annual report on ship maintenance.
Section 1017--Availability of Funds for Retirement or Inactivation of
Ticonderoga Class Cruisers
This section would restrict the Secretary of the Navy from
deactivating three guided middle cruisers.
Subtitle C--Counterterrorism
Section 1021--Inclusion in Counterterrorism Briefings of Information on
Use of Military Force in Collective Self-Defense
This section would amend section 485(b) of title 10, United
States Code, to include additional reporting requirements
regarding all instances of the use of military force by special
operations forces under the notion of the collective self-
defense of foreign partners into the monthly counterterrorism
operations briefings.
Section 1022--Extension of Authority for Joint Task Forces to Provide
Support to Law Enforcement Agencies Conducting Counter-Terrorism
Activities
This section would extend section 1022(b) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136) by 2 years.
Section 1023--Prohibition on Use of Funds for Transfer or Release of
Individuals Detained at United States Naval Station, Guantanamo Bay,
Cuba, to Certain Countries
This section would prohibit the use of funding authorized
to be appropriated or otherwise made available for the
Department of Defense during the period beginning on the date
of the enactment of this Act and ending on December 31, 2022,
to transfer, release, or assist in the transfer or release of
any individual detained at U.S. Naval Station, Guantanamo Bay,
Cuba, to Libya, Somalia, Syria, and Yemen.
Subtitle D--Miscellaneous Authorities and Limitations
Section 1031--Navy Coordination with Coast Guard on Aircraft, Weapons,
Tactics, Technique, Organization, and Equipment of Joint Concern
This section would amend section 8062(d) of title 10,
United States Code, and would establish the United States Coast
Guard as a matter of joint concern to the Navy.
Section 1032--Prohibition on Use of Navy, Marine Corps, and Space Force
as Posse Comitatus
This section would prohibit the use of any part of the
Navy, the Marine Corps, or the Space Force as a posse
comitatus, except in cases and under circumstances expressly
authorized by the Constitution or an Act of Congress.
Section 1033--Program to Improve Relations between Members of the Armed
Forces and Military Communities
This section would require the Secretary of Defense to
conduct a biennial survey related to the relations between
members of the armed services and the military communities in
which they serve.
Section 1034--Authority to Provide Space and Services to Military
Welfare Societies
This section would add Coast Guard Mutual Assistance to the
list of military welfare societies that can be provided space
on military installations.
Section 1035--Required Revision of Department of Defense Unmanned
Aircraft Systems Categorization
This section would require the Under Secretary of Defense
for Acquisition and Sustainment to conduct a review of and
initiate a process to modify the existing Department of Defense
Unmanned Aerial Systems (UAS) categorization. The section would
require the Under Secretary to consult with the Secretaries of
the military departments, the Chairman of the Joint Chiefs of
Staff, and the Administrator of the Federal Aviation
Administration (FAA) when conducting the required review. This
section would also require the Under Secretary to submit a
report to the congressional defense committees, the House
Committee on Transportation and Infrastructure, and the Senate
Committee on Commerce, Science, and Transportation on the
result of the directed review and any revisions planned to the
UAS categories.
The current UAS categorization defines UAS into five
discrete groups, based on speed, maximum gross take-off weight
(MGTOW), and altitude. The committee notes that the five UAS
groups were originally determined by the Joint UAS Center of
Excellence in 2008, partially based on the three UAS categories
as defined by the FAA.
The committee believes that significant technology and
capability advancements in such areas as autonomy, propulsion,
and sensor payloads require modifications be made to the UAS
group definitions. This is particularly the case for the group
3 category, which includes any UAS that has a MGTOW between 55
pounds and 1,320 pounds. The wide range in MGTOW in the group 3
category has resulted in a category of UAS that have quite
different capabilities and operational usage. The committee
remains concerned that the broad definition used by the
Department of Defense for group 3 UAS is overly burdensome for
small UAS. These internal policies create a high cost of
ownership for group 3 UAS that not only limit the ability of
the military services to rapidly field small group 3 UAS to
support warfighting concepts and needs, but also discourage
industry from pursing internally funded development efforts in
that weight class. The committee encourages the Department to
consider these factors during the review process.
Section 1036--Limitation on Funding for Information Operations Matters
This section would limit funding available for Office of
the Secretary of Defense travel until the Secretary provides
the information operations strategy and posture review required
by the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
Section 1037--Prohibition on Provision of Equipment to Other
Departments and Agencies for Protection of Certain Facilities and
Assets from Unmanned Aircraft
This section would prohibit the obligation or expenditure
of funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for the Department of
Defense to acquire, loan, transfer, sell, or otherwise provide
equipment to a department or Federal agency for use in
exercising authorities or taking actions pursuant to section
210G of the Homeland Security Act of 2002 (6 U.S.C. 124n).
Section 1038--Limitation on Use of Funds for United States Space
Command Headquarters
This section would prohibit the Department of Defense from
using authorized fiscal year 2022 funds to plan, design, or
construct a United States Space Command headquarters building,
until the Department of Defense Inspector General and the
Government Accountability Office complete their reports on the
basing process for United States Space Command.
Subtitle E--Studies and Reports
Section 1041--Congressional Oversight of Alternative Compensatory
Control Measures
This section would require the Under Secretary of Defense
for Policy to notify the congressional defense committees upon
the establishment or disestablishment of all alternative
compensatory control measures. This section would also require
an annual report to the congressional defense committees.
Section 1042--Comparative Testing Reports for Certain Aircraft
This section would require the Director, Operational Test
and Evaluation and the Secretary of the Air Force to submit to
the congressional defense committees not later than 45 days
after the date of the enactment of this Act, the tactical
aircraft comparative testing reports required by section 134(b)
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).
Section 1043--Extension of Reporting Requirement regarding Enhancement
of Information Sharing and Coordination of Military Training between
Department of Homeland Security and Department of Defense
This section would extend until December 31, 2023, a report
required by section 1014 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328), on the
coordination of Department of Defense training missions with
the Department of Homeland Security (DHS) operational needs at
the international borders of the United States and the
information provided to DHS as a result of the coordinated
training.
Section 1044--Continuation of Certain Department of Defense Reporting
Requirements
This section would extend the requirement for biennial
analysis and a subsequent report on strategic and critical
materials.
Section 1045--Geographic Combatant Command Risk Assessment of Air Force
Airborne Intelligence, Surveillance, and Reconnaissance Modernization
Plan
This section would require each commander of a geographic
combatant command to submit to the congressional defense
committees not later than March 31, 2022, an assessment of the
operational risk to that command posed by the restructuring and
inventory divestments projected in the Modernization Plan for
Airborne Intelligence, Surveillance, and Reconnaissance for the
Department of the Air Force as required by the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
Section 1046--Biennial Assessments of Air Force Test Center
This section would require the Secretary of the Air Force
to provide a report to the congressional defense committees not
later than 30 days after the President's budget request is
submitted for fiscal years 2023, 2025, and 2027, that updates
the information contained in the reports required by the
committee report accompanying the National Defense
Authorization Act for Fiscal Year 2018 (H. Rept. 115-200) and
the committee report accompanying the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (H. Rept. 116-442).
The committee continues to recognize the importance of the
Air Force Test Center enterprise and its role as a cornerstone
for developmental test and evaluation of air, space, and cyber
systems. The committee acknowledges that given technology
advancements and the emergence of peer competitors globally,
innovative and modernized weapons system testing and
development capabilities are needed to support development and
acquisition of effective deterrence and combat capabilities.
Section 1047--Comparative Study on .338 Norma Magnum Platform
This section would require the Secretary of the Army to
conduct a comparative study among medium caliber machine gun
ammunition.
Section 1048--Comptroller General Report on Aging Department of Defense
Equipment
This section would require the Comptroller General to
submit a report to the House Committee on Armed Services on
legacy platforms within the Department of Defense and their
relevance and resiliency of such platforms to emerging threats.
Section 1049--Report on Acquisition, Delivery, and Use of Mobility
Assets that Enable Implementation of Expeditionary Advanced Base
Operations
This section would require the Secretary of Defense to
submit a report to the congressional defense committees on the
efforts being made to implement expeditionary advanced base
operations.
Section 1050--Force Posture in the Indo-Pacific Region
This section would express the sense of Congress regarding
force posture in the Indo-Pacific region and require the
Commander of U.S. Indo-Pacific Command to submit a report to
the congressional defense committees regarding the force
posture in the Indo-Pacific region.
Section 1051--Assessment of United States Military Infrastructure in
Diego Garcia, British Indian Ocean Territory
This section would require the Secretary of Defense to
submit a report containing an assessment of military
infrastructure related to Diego Garcia.
Section 1052--Report on 2019 World Military Games
This section would require a report regarding service
members who participated in the 2019 World Military Games and
the COVID-19 virus.
Section 1053--Reports and Briefings regarding Oversight of Afghanistan
This section would require briefings and reports on the
Department of Defense's counterterrorism capabilities regarding
Afghanistan, plans to evacuate Afghans eligible for the special
immigrant visa program, military equipment left in Afghanistan,
updated threat assessments, and any military cooperation with
specified countries.
Section 1054--Report and Briefing on United States Equipment, Property,
and Classified Material That Was Destroyed, Surrendered, and Abandoned
in the Withdrawal from Afghanistan
This section would require a report and briefing to
Congress on military equipment left in Afghanistan.
Section 1055--Report on Defense Utility of United States Territories
and Possessions
This section would require a report on the defense utility
of United States territories and possessions in the Pacific.
Section 1056--Report on Coast Guard Explosive Ordnance Disposal
This section would require the Secretary of Homeland
Security to submit to Congress a report on the viability of
establishing an explosive ordnance disposal program in the
Coast Guard by February 15, 2023.
Section 1057--Independent Assessment with Respect to the Arctic Region
This section would require an independent assessment on
achieving specific objectives in the Arctic for fiscal years
2023-2027.
Section 1058--Annual Report and Briefing on Global Force Management
Allocation Plan
This section would require an annual report and a briefing
on the Global Force Management Allocation Plan and its
implementation.
Subtitle F--District of Columbia National Guard Home Rule
Section 1066--Short Title
This section would cite the short title as the ``District
of Columbia National Guard Home Rule Act''.
Section 1067--Extension of National Guard Authorities to Mayor of the
District of Columbia
This section would extend the authorities over the National
Guard of the District of Columbia to the Mayor of the District
of Columbia in the same manner as the Governor of a State.
Section 1068--Conforming Amendments to Title 10, United States Code
This section would add conforming amendments to title 10,
United States Code.
Section 1069--Conforming Amendments to Title 32, United States Code
This section would add conforming amendments to title 32,
United States Code.
Section 1070--Conforming Amendment to the District of Columbia Home
Rule Act
This section would add conforming amendments to the
District of Columbia Home Rule Act.
Subtitle G--Other Matters
Section 1071--Technical, Conforming, and Clerical Amendments
This section would make technical, conforming, and clerical
amendments to existing law.
Section 1072--Assistant Secretary of Defense for Indo-Pacific Security
Affairs
This section would codify the position of the Assistant
Secretary of Defense for Indo-Pacific Security Affairs and the
principal duties of such position.
Section 1073--Improvement of Transparency and Congressional Oversight
of Civil Reserve Air Fleet
This section would amend Section 2640 of title 10, United
States Code, and subject Department of Defense charter air
cargo transportation services to the same safety requirements
as those required for Department of Defense charter air
transportation for members of the Armed Forces.
This section would require an annual report on instances
when Department of Defense cargo transportation service
contracts are awarded to carriers who do not meet the
requirements of subparagraph (d) of this section.
Section 1074--Enhancements to National Mobilization Exercises
This section would direct the Secretary of Defense, every 5
years, as part of the major mobilization exercise, to include
the processes of the Selective Service System in preparation
for a draft, and submit a report on the results of that
exercise.
Section 1075--Providing End-to-End Electronic Voting Services for
Absent Uniformed Services Voters in Locations with Limited or Immature
Postal Service
This section would explore electronic solutions for
reducing voting barriers for service members in remote
locations.
Section 1076--Responsibilities for National Mobilization; Personnel
Requirements
This section would require the Secretary of Defense to
designate an official as the Executive Agent for National
Mobilization and to submit a plan for obtaining draft inductees
as part of a mobilization timeline for the Selective Service
System.
Section 1077--Update of Joint Evacuation Publication 3-68: Non-
Combatant Evacuation Operations
This section would require the Chairman of the Joint Chiefs
of Staff to update Joint Publication 3-68: Noncombatant
Evacuation Operations by March 1, 2022.
Section 1078--Treatment of Operational Data from Afghanistan
This section would require the retention of operational
data from Afghanistan and a briefing on how the Department of
Defense has removed, retained, and assured long term access to
this operational data.
Section 1079--Defense Resource Budgeting and Allocation Commission
This section would establish a Defense Resource Budgeting
and Allocation Commission to develop a consensus on an
effective and strategic approach to Department of Defense
resource budgeting and allocation, including by conducting an
examination of the planning, programming, budgeting, and
execution methodology of the Department; and by considering
potential alternatives to such methodology to maximize the
ability of the Department to equip itself in a timely manner to
respond to current and emerging threats.
Section 1080--Commission on Afghanistan
This section would establish a commission on the war in
Afghanistan and require it to make recommendations about
lessons learned. The commission would cover 20 years of the
U.S. and NATO conflict in Afghanistan and the period of Taliban
control prior to the U.S. led invasion of 2001.
Section 1081--Technology Pilot Program to Support Ballot Transmission
for Absent Uniformed Services and Overseas Votes
This section would direct the Department of Defense to
conduct a pilot program to provide grants to States and local
jurisdictions in support of absent uniformed services personnel
and overseas votes.
Section 1082--Recognition of the Memorial, Memorial Garden, and K9
Memorial of the National Navy UDT-SEAL Museum in Fort Pierce, Florida,
as the Official National Memorial, Memorial Garden, and K9 Memorial,
Respectively, of Navy SEALs and Their Predecessors
This section would recognize the memorial, memorial garden,
and K9 memorial of the National Navy UDT-SEAL Museum as the
official memorial of the Navy SEALs and their predecessors.
Section 1083--Sense of Congress on the Legacy, Contributions, and
Sacrifices of American Indian and Alaska Natives in the Armed Forces
This section would recognize and honor the legacy and
contributions of American Indian and Alaska Natives and tribal
communities to the military of the United States and would
commit to ensuring progress for American Indian and Alaska
Native members of the Armed Forces and veterans with regard to
representation in senior military leadership positions,
improving access to culturally competent resources and
services, and supporting families and tribal communities.
Section 1084--Name of Naval Medical Center Camp Lejeune
This section would designate the Naval Medical Center Camp
Lejeune as the ``Walter B. Jones Naval Medical Center''.
Section 1085--Sense of Congress regarding Naming a Warship the USS
Fallujah
This section would express the sense of Congress that the
Secretary of the Navy should name a warship the ``USS
Fallujah''.
Section 1086--Name of Air Force Utah Test and Training Range
This section would designate the Utah Test and Training
Range as the ``Bishop Utah Test and Training Range''.
Section 1087--Name of Air Force Utah Test and Training Range
Consolidated Mission Control Center
This section would designate the Air Force Utah Test and
Training Range Consolidated Mission Control Center the ``Robert
W. Bishop Utah Test and Training Range Mission Control
Center''.
Section 1088--Sense of Congress regarding Crisis at the Southwest
Border
This section would express the sense of Congress regarding
the Southwest border.
Section 1089--Improvements and Clarifications Relating to Unauthorized
Use of Computers of Department of Defense
This section would require the Secretary of Defense to
ensure that the electronic banner that appears on the screens
of computers of the Department of Defense upon access of such
computers is updated to include language prohibiting users from
using Government email for an unauthorized purpose.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Items of Special Interest
Appointment of Recently Retired Members of the Armed Forces to Civil
Service Positions
The committee is aware of continued workforce challenges at
the military depots. As the military modernizes, it has become
increasingly difficult to compete with industry for the skilled
technicians needed to maintain modern weapon systems. The
committee notes that section 1108 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) established a 3-year waiver of the
``180-Day Rule'' to permit the appointment of recently retired
service members to positions at the GS-13 level and below at
organic industrial base facilities. The committee looks forward
to receiving information on the Department of Defense's use of
this authority and remains interested in exploring options to
enable the hiring of the talent needed at our military depots
while preserving competitive and merit-based hiring principles.
Civilian Personnel in the Office of the Secretary of Defense
The committee notes that civilian oversight and control of
the Armed Forces is essential to ensure accountability,
readiness, and the deployment of the Armed Forces in the
national interest. A strong civilian workforce in the Office of
the Secretary of Defense (OSD), particularly in the Office of
the Under Secretary of Defense for Policy (OUSDP), is essential
to maintain this principle of civilian control of the military.
However, hiring freezes and attrition in OUSDP have led to a
manpower reduction of almost 27 percent over the last 11 years.
This has resulted in an inappropriate reliance on contractors
and undermined OUSDP's ability to carry out robust civilian
control and oversight of the Armed Forces. The committee
encourages the Department of Defense to undertake an assessment
of the civilian billets in OUSDP and consider increasing the
size of the OUSDP civilian workforce to better reflect mission
needs and reduce reliance on contracted personnel.
Further, the committee directs the Secretary of Defense to
submit a report to the House Committee on Armed Services not
later than January 31, 2022, that includes the following:
(1) the number of military and civilian personnel assigned
to or employed by each OSD component in each of the previous 10
fiscal years;
(2) the number of contractor personnel supporting each OSD
component, including contractor personnel performing
``inherently governmental functions,'' ``closely associated
with inherently governmental functions,'' ``critical
functions'' (as defined in sections 129a and 2463 of title 10,
United States Code), as well as the number of staff
augmentation contractors supporting each component in each of
the previous 10 fiscal years;
(3) the share of civilian OSD personnel allocated to OUSDP
in each of the previous 10 fiscal years; and
(4) an assessment of whether the number of civilian billets
has kept pace with changes in OUSDP's mission over time and
whether an increase to the personnel cap established by section
143 of title 10, United States Code, is necessary to ensure
sufficient civilian staffing in OUSDP and enable corrective
action for any inappropriate contracting.
Prevention and Response Efforts in the National Nuclear Security
Administration Nuclear Security Forces regarding Sexual Assault
The committee commends the work of the Comptroller General
of the United States in reviewing the National Nuclear Security
Administration's (NNSA's) policies, programs, and responses to
preventing sexual assault in NNSA's security forces and its
recent report (GAO-21-307). The committee further commends the
Secretary of Energy's commitment to implementing the
Comptroller General's recommendations in this regard. Ensuring
that all Federal employees and contractors of the NNSA are able
to serve the nuclear enterprise without fear of harassment is a
national security issue, in addition to one of workplace
rights. Therefore, the committee directs the Administrator of
the National Nuclear Security Administration to provide a
briefing to the House Committee on Armed Services not later
than January 15, 2022, on implementing the Comptroller General
report's recommendations. The briefing should include:
(1) a plan to fully implement the report's recommendations;
(2) progress toward implementing the report's
recommendations;
(3) options available to the Department of Energy to
penalize contractors for not upholding their obligations
regarding sexual assault; and
(4) a plan to conduct an independent review of the NNSA's
progress on implementing the Government Accountability Office
recommendations.
Technical and Digital Talent
The committee recognizes the technical and digital talent
deficit within the Department of Defense. In order to attract
the necessary technical and digital talent to serve within the
military or at the Department, the Government must understand
the public's perception and knowledge of technical and digital
jobs available within the Department. Therefore, the committee
directs the Under Secretary of Defense for Personnel and
Readiness to provide a report to the House Committee on Armed
Services not later than January 15, 2022, regarding:
(1) the awareness and opinions of science, technology,
engineering, and mathematics (STEM) job opportunities within
the Department and military held by young professionals,
defined as individuals under the age of 35, employed full- or
part-time in the technology industry or pursuing a degree in a
STEM field;
(2) the work incentives and pay structures used by the
technology industry, including publicly- or privately-held
companies of any size with a focus on delivering technology
products or services, compared with Government incentives and
structures;
(3) the willingness of young professionals, defined as
adults under the age of 35, employed full- or -part- in the
technology industry or pursuing a degree in a STEM field, to
serve part-time in the military or government, or rotate
between the private sector and Government;
(4) barriers that prevent defined as adults under the age
of 35, employed full- or -part- in the technology industry or
pursuing a degree in a STEM field, from working for the
Department or serve within the military;
(5) the approximate proportion of individuals, under the
age of 35, working within the STEM fields that have previously
worked for the Department or served in the military; and
(6) any information available regarding why individuals,
under the age of 35, choose to leave Department or military
service STEM careers for those in the private sector.
LEGISLATIVE PROVISIONS
Section 1101--One-Year Extension of Authority to Waive Annual
Limitation on Premium Pay and Aggregate Limitation on Pay for Federal
Civilian Employees Working Overseas
This section would amend section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417) by extending premium pay for Federal civilian
employees working overseas until the end of 2022.
Section 1102--One-Year Extension of Temporary Authority to Grant
Allowances, Benefits, and Gratuities to Civilian Personnel on Official
Duty in a Combat Zone
This section would amend section 1106 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) by extending the temporary
authority granting allowances, benefits, and gratuities to
civilian personnel on official duty in a combat zone by 1 year.
Section 1103--DARPA Personnel Management Authority to Attract Science
and Engineering Experts
This section would amend section 1599h(b) of title 10,
United States Code, by adding the ability for the Defense
Advanced Research Projects Agency to pay for travel,
transportation, and relocation expenses and services when
hiring up to 15 individuals in any fiscal year.
Section 1104--Civilian Personnel Management
This section would amend section 129 of title 10, United
States Code, to strengthen the prohibition against managing
civilian personnel according to a constraint or limitation on
man-years, end strength, or full-time equivalent positions.
This section would also prohibit the use of term or temporary
hiring authorities for enduring functions.
Section 1105--Comptroller General Review of Naval Audit Service
Operations
This section would prohibit changes to the size or function
of the Naval Audit Service until the Comptroller General of the
United States completes a report on the operations of the Naval
Audit Service.
Section 1106--Implementation of GAO Recommendations on Tracking,
Response, and Training for Civilian Employees of the Department of
Defense regarding Sexual Harassment and Assault
This section would require the Secretary of Defense to
develop a plan to address the recommendations contained in the
Comptroller General of the United States report entitled
``Sexual Harassment and Assault: Guidance Needed to Ensure
Consistent Tracking, Response, and Training for Department of
Defense Civilians.''
Section 1107--Guidelines for Reductions in Civilian Positions
This section would amend section 1597 of title 10, United
States Code, to require that, in implementing any reduction in
force of civilian positions in the Department of Defense, the
determination of employees to be separated shall be made
primarily on the basis of seniority and veterans preference.
Section 1108--Repeal of 2-Year Probationary Period
This section would repeal the 2-year probationary period
for Department of Defense civilians provided in section 1599e
of title 10, United States Code.
Section 1109--Amendment to Diversity and Inclusion Reporting
This section would amend section 113 of title 10, United
States Code, to require that the Department of Defense
establish relevant metrics, collect and report on diversity
statistics, and report on the status of diversity and inclusion
efforts among the civilian workforce.
Section 1110--Including Active Duty in the Armed Forces in Meeting
Service Requirement for Federal Employee Family and Medical Leave
This section would establish Active Duty service in the
Armed Forces as having met the service requirements for
eligibility toward Federal Employee Family and Medical Leave.
Section 1111--Treatment of Hours Worked under a Qualified Trade-of-Time
Arrangement
This section would amend section 5542 of title 5, United
States Code, to exclude hours worked as part of any trade-of-
time arrangement from the calculation of overtime pay for
Federal firefighters.
Section 1112--Modification of Temporary Authority to Appoint Retired
Members of the Armed Forces to Positions in the Department of Defense
This section would amend section 1108(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) to provide that the temporary
authority to appoint retired members of the Armed Forces to
civilian positions applies to positions at any industrial base
facility, range, or test facility.
Section 1113--Increase in Allowance Based on Duty at Remote Worksites
This section would direct the Director of the Office of
Personnel Management to conduct an assessment of the remote
site pay allowance.
Section 1114--Limiting the Number of Local Wage Areas Defined within a
Pay Locality
This section would amend section 5343 of title 5, United
States Code, to prohibit the Office of Personnel Management
from including more than one local wage area within a General
Schedule pay locality in order to align Federal Wage System
areas with General Schedule locality pay areas.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Items of Special Interest
Accountability and Security of Biometric Data
The Committee recognizes the importance of collecting and
analyzing biometric data from noncombatants, combatants, and
unlawful combatants during military operations. There are over
one million entries saved in the Department of Defense's
Automatic Biometrics Identification System. With the sudden
fall of Afghanistan to the Taliban, the committee is very
concerned about the possibility of this data trove falling into
the hands of the Taliban or another enemy of the United States,
particularly because recent media reports allege that the
Taliban has seized some of the devices the U.S. military used
to collect biometrics.
Allowing the Taliban to access the Automatic Biometrics
Identification System would be a catastrophic loss that
permanently undermines the safety of Afghan citizens who helped
the U.S. during twenty years of war and occupation. It would
also fundamentally weaken Department of Defense biometric
collection efforts moving forward because of actual or
perceived data security concerns.
Therefore, the Committee directs the Department of Defense
to provide a report to the Committee on Armed Services of the
House of Representatives no later than December 31, 2021
regarding the current integrity of the Department's Automatic
Biometrics Identification System and whether the Taliban or
other unauthorized group or individual may have access to this
system or related Department biometric system. The Committee
further directs the Secretary of Defense to include information
based on, but not limited to:
(1) A summary of actual or potential biometric-related
equipment or tools currently possessed or believed to be
possessed by the Taliban or other unauthorized user in
Afghanistan;
(2) An accounting of abandoned or destroyed biometric-
related equipment or tools as a result of the U.S. withdrawal
from Afghanistan;
(3) An assessment of whether or not the Taliban or another
unauthorized user has access to all or a portion of the
Department of Defense's Automatic Biometrics Identification
System, or any similar biometrics database controlled by the
Department of Defense;
(4) Current efforts to ensure the data security and
integrity of the Department of Defense biometric data and data
collection enterprise; and,
(5) Recommendations to Congress on how the Department of
Defense can improve the security and integrity of its biometric
data collection efforts.
Afghanistan Intelligence Assessment
The committee directs the Secretary of the Defense to
submit a report to the House Armed Services Committee no later
than March 1, 2022, on the effectiveness of the production and
communication of the intelligence and other information
provided by the Department of Defense relating to the
withdrawal of United States troops from Afghanistan. The
assessment shall include an analysis on how intelligence
officials could have improved all-source intelligence
direction, collection, processing, exploitation, and
dissemination as circumstances in Afghanistan changed in
response to the U.S. announcement of a withdrawal of U.S.
military personnel and the implementation of the withdrawal
plans; and recommendations on how to improve intelligence
direction, collection, processing, exploitation, and
dissemination relating to future military withdrawals in
regions with terrorist or hostile military threats to better
inform policymaking.
Aviation Contractor Support to the Afghan Air Force
The committee notes that the defeat of the Afghan Air Force
was largely due to the inability of the Afghan Air Force to
properly maintain its fleet of aircraft without U.S. contracted
maintenance support. During the May 12, 2021 House Committee on
Armed Services hearing, the Department of Defense was asked to
provide the committee with a plan on how it would continue to
provide maintenance support to the Afghan Air Force to include
the possibility of any in country support provided by U.S.
contracted personnel. This information was never provided to
the committee. Therefore, the committee directs the Secretary
of Defense to provide a briefing to the House Committee on
Armed Services by November 1, 2021, on the Department of
Defense's plan to provide contractor support to the Afghan Air
Force. This briefing should include, but not be limited to, why
the plan was not executed and the effects that had on the
Afghan Air Force.
Bagram Air Base
The committee notes the strategic and tactical importance
of Bagram Air Base during Operation Enduring Freedom. The
committee also notes that the U.S. military retrograded from
Bagram Air Base in July 2021 as part of the withdrawal from
Afghanistan, leaving the Hamid Karzai International Airport in
Kabul the only airfield accessible to the United States and our
partners. The committee is interested in understanding the
strategic decision behind leaving Bagram Air Base. Therefore,
the committee directs the Secretary of Defense brief the House
Committee on Armed Services by November 1, 2021, on the
Department of Defense's decision to leave Bagram Air Base.
Briefing on Authorities to Build Partner Capacity of Security Forces of
Friendly Foreign Countries
The committee recognizes the impactful work done under the
authorities within section 333 of title 10, United States Code.
The committee also recognizes current authorities may not meet
the needs for all programs, particularly with regards to the
use of funds to pay for the personnel expenses of the national
security forces of a friendly foreign country to participate in
a training program conducted by the national security forces of
another friendly foreign country.
Therefore, the committee directs the Under Secretary of
Defense for Policy to provide a briefing, not later than March
31, 2022 to the congressional defense committees on the
feasibility and advisability of an authority that allows for
payment of personnel expenses as mentioned above.
Briefing on Foreign Military Sales to Poland
The Committee continues to place high priority on deterring
Russian aggressive action on NATO's Eastern flank and in
empowering our allies in the region. Since the illegal seizure
of Ukraine's Crimea region, Russia has supported continued
conflict in Ukraine's Donbas province, massed and maintained
armed forces on Ukraine's Eastern borders, harassed NATO allies
and activities in the Black Sea, and discussed integration of
Russian and Belarusian military forces on Poland's border.
Poland has become the anchor of NATO's deterrence strategy
on the Eastern European flank and the United States' strongest
ally. It continues to meet defense budget targets in accordance
with the Wales Summit Declaration by which the NATO member
states agreed to spend 2 percent of their Gross Domestic
Product on defense, 20 percent of which is spent on major
equipment, including related research and development. Poland
has also aggressively pursued modernization of its military
capability, emphasizing interoperability with U.S. Army and Air
Force capabilities based in Poland.
The Committee approves of Poland's recent decision to
purchase 250 of the most modern versions of the U.S. Abrams
main battle tank to increase the capability of its armored
forces. This will enhance NATO's ability to deter Russian
aggression on its Eastern flank and the Committee encourages
the Administration to facilitate this foreign military sale as
soon as possible.
Therefore, the Committee directs the Secretary of Defense,
in consultation with the Director, Defense Security Cooperation
Agency, to brief the congressional defense committees not later
than December 31, 2021 on the process and timeline to
facilitate the foreign military sales of U.S. Abrams tanks to
Poland.
Countering Hybrid Threats
The committee supports the Department of Defense's efforts
to develop resilience and build capacity to counter hybrid
threats through research, training, and exercises with diverse
partners, including at centers of excellence such as the
European Centre of Excellence for Countering Hybrid Threats.
The committee also supports efforts to incorporate learning
from public, private, and academic sectors. Further, the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) authorized the
participation of members of the U.S. Armed Forces and
Department of Defense civilian personnel at the European Centre
of Excellence for Countering Hybrid Threats. The committee
therefore encourages the Department to explore opportunities to
participate with the European Centre of Excellence for
Countering Hybrid Threats on activities that incorporate best
practices in addressing hybrid threats and enhance the ability
of the military forces and civilian personnel of participating
countries to conduct joint exercises and international military
operations, as well as improve interoperability between the
armed forces of such countries. The committee further directs
the Secretary of Defense to provide a report to the House
Committee on Armed Services not later than February 1, 2022, on
Department activities to participate in the European Centre of
Excellence for Countering Hybrid Threats.
Defense Cooperation with Compacts of Free Association States
The committee supports expanded defense cooperation with
Compacts of Free Association states. The committee welcomes
statements from Compact State leaders, such as President
Surangel Whipps Jr. of the Republic of Palau, in support of
closer ties with the United States, including potential
military presence. As the Department of Defense considers
options to improve the design and posture of the joint force in
the Indo-Pacific region west of the International Date Line,
the committee strongly urges the Department to consider the
strategic geography of these crucial partners. Therefore, the
committee directs the Secretary of Defense to submit a report
to the Committee on Armed Services of the House of
Representatives no later than March 1, 2022, describing:
(1) The manner in which Compacts of Free Association states
could contribute to national security objectives;
(2) The advantages and disadvantages of various options
related to presence of United States military forces in
Compacts of Free Association states to support national
security objectives, including through Expeditionary Advanced
Base Operations;
(3) An assessment of the resources required to carry out
the various options related to the presence of Unites States
military forces in Compacts of Free Association states;
(4) Additional logistical requirements or considerations
associated with the requirements of paragraph (3);
(5) Further avenues for defense cooperation with Compacts
of Free Association States;
(6) Any other matters the Secretary of Defense considers
appropriate.
Defense Security Cooperation Agency Briefing on Lessons Learned from
the Failure of the ANSF and Partner Forces with Less Capable Security
Forces
The committee is concerned about the failure of the Afghan
National Security Forces (ANSF) to sustain security operations
after the withdrawal of American forces. The rapid failure of
the ANSF raises questions about the Department's ability to
oversee security cooperation programs. After years of training,
funding, and embedding with the ANSF, their mission failure
raises serious concerns about how the United States trains and
equips certain partner forces. Training less capable partner
forces to fight with American technology and assets, to include
multi-domain intelligence, intelligence, surveillance, and
reconnaissance, close air support, and other sophisticated
technology that is not present organically for host nations,
may not achieve U.S. security cooperation objectives nor
develop an enduring capability for partner nations. The
committee directs the Secretary of Defense to provide a
briefing to the House Committee on Armed Services not later
than December 1, 2021, that includes how the agency plans to
incorporate lessons learned from the failure of the ANSF and
how the agency trains other partner forces with less capable
security forces.
Department of Defense State Partnership Program Support to U.S.
Security Cooperation Objectives
The committee maintains a continuing interest in the
Department of Defense State Partnership Program (SPP). The
committee recognizes that SPP is an important component of U.S.
security cooperation efforts. Further, the committee notes that
SPP has expanded significantly in size and scope since its
inception.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the House Committee on Armed Services
not later than March 1, 2022, regarding SPP. Such briefing
shall include an evaluation of the support provided by SPP to
the security cooperation objectives of the United States in
support of the National Security Strategy and the National
Defense Strategy; an analysis of the National Guard's SPP
requirements and resources (to include state-level components
and associated personnel); an analysis of the roles played by
National Guard bilateral affairs officers in support of the
SPP; and any other matters regarding the status of the SPP that
the Secretary determines relevant.
Feasibility of Delivering a Plan to Congress Prior to and After a
Withdrawal of U.S. Forces from a Country
The committee is concerned with the lack of information
that was provided in the months leading up to the withdrawal of
U.S. forces from Afghanistan.
Therefore, the committee directs the Secretary of Defense
to deliver a report to the House Committee on Armed Services by
March 1, 2022 on the feasibility of providing future reports to
the committee prior to and after the complete withdrawal of
U.S. forces from a country. The report should identify a means
for the Department of Defense to deliver reports to the
committee at the earliest possible time on the plans for a
withdrawal. Additionally, the report should detail how the
Department would plan to keep the committee updated on
conditions in the country after the withdrawal. The committee
believes that these updates should be focused on communicating
a clear plan, contingencies that must be accounted for,
description of conditions on the ground, anticipation of
increased terror activity, and an assessment of needs for U.S.
forces on the ground.
Global Fragility Act Implementation
The committee notes that the Global Fragility Act of 2019
(Public Law 116-94) passed with strong support and that
successful implementation is intended to improve the
interagency's approach to stabilization in conflict-affected
areas and prevent violence and fragility globally. The
committee also notes that successful implementation requires
attention at the appropriate level within the respective
departments and agencies. Therefore, the committee directs the
Secretary of Defense to provide a briefing to the House
Committee on Armed Services not later than December 1, 2021,
that identifies the official, as required by law, at the
appropriate and commensurate level who has been delegated
responsibility for overseeing and leading the Global Fragility
Initiative, including coordination within the Department. The
Secretary is further directed to identify in that briefing any
gaps in staffing, authorities, or other requirements needed to
implement the law and what limitations, if any, continue to
impede the progress of implementation.
Mine Warfare
Given advances in mine warfare and the important role it
could play in a high-intensity conflict, the committee is
concerned about the People's Liberation Army Navy (PLAN) in
both mine warfare capability and capacity. The committee
requires additional information regarding the U.S. Navy's own
offensive and defensive mine warfare capabilities. Therefore,
the committee directs the Secretary of Defense to provide a
briefing to the House Committee on Armed Services, not later
than March 1, 2022, detailing the projected impact to U.S.
operational plans of PLAN mine warfare operations, including
but not limited to, a conflict over Taiwan. The briefing should
examine the following questions:
(1) What would be the objectives of Chinese employment of
mine warfare in an invasion of Taiwan?
(2) Do present PLAN mine warfare capabilities allow the
People's Republic of China to meet the objectives described in
paragraph (1)?
(3) What countermeasures are Taiwan, the United States, and
other partners able to employ that might reduce the
effectiveness of the PLAN's mine warfare?
(4) What would be the optimal use of U.S. and Taiwanese
offensive and defense mine warfare capabilities to contribute
to efforts to deny a fait accompli against Taiwan?
(5) Do either the U.S. or Taiwanese Navy currently maintain
the capabilities described in paragraph (4)? If not, what
resources, platforms, or ordinances would be required to obtain
said capabilities?
(6) How would the additions described in paragraph (5)
contribute to the ability of the Department of Defense to
execute its operational plans?
Operational Concepts
The committee aims to ensure that Department of Defense
operational concepts with regard to challenges from near-peer
competitors are adequately developed and appropriately
coordinated with the Department's strategies, resources, and
activities. Therefore, the committee directs the Secretary of
Defense to provide a briefing to the House Committee on Armed
Services not later than January 15, 2022, on operational
concepts developed for the purpose of countering the Government
of the People's Republic of China (PRC) and Russia. This
briefing shall include, at a minimum:
(1) an assessment of the operational challenges presented
by the PRC and Russia;
(2) a detailed overview of the Department's past and
present efforts to develop operational concepts to address
these challenges in every military domain, including the land,
air, sea, space, and cyber domains;
(3) a detailed overview of the Department's past and
present efforts to develop operational concepts to counter
hybrid warfare and aggression occurring below the threshold of
armed conflict, including cyber-attacks and disinformation
campaigns;
(4) a detailed overview of the Department's past and
present efforts to develop operational concepts to defeat
aggression by the PRC or Russia should deterrence fail;
(5) a detailed overview of what metrics the Department is
using to measure progress in development of these operational
concepts;
(6) a detailed overview of how the Department is working to
link these operational concepts to objectives, capabilities,
and force posture;
(7) a detailed overview of how the Department coordinates
and deconflicts operational concepts between the military
services;
(8) an assessment of relevant operational concepts of the
PRC and Russia;
(9) with regard to the overviews and assessments included
in the briefing, a quantification of the proportion of relevant
work that has been devoted respectively to the PRC and to
Russia; and,
(10) any other aspects of an operational assessment the
Secretary determines is necessary or useful to the committee's
understanding of the operational concepts under evaluation and
development.
Operational Energy Readiness
The Committee is concerned about the Department's pattern
of ignoring potential logistical challenges that could occur in
a conflict while conducting major overseas exercises. Exercises
in the European Command and Indo-Pacific Command areas of
responsibility have neglected to fully account for the
challenges posed by a contested logistics environments and fuel
supplies subject to the control of adversaries assumed in such
exercises. Logistical assumptions and caveats represent
substantial tactical and strategic assumptions that may not
reflect combat conditions and which may diminish the value of
field exercises in learning to overcome these challenges.
Therefore, the committee directs the Secretary of Defense
to provide a briefing to the House Committee on Armed Services
by March 1, 2022 on exercises in the European Command and Indo-
Pacific Command areas of responsibility where fuel supplies for
combat and non-combat units actively participating in such
exercises originated from sources that could be disrupted or
made completely unavailable by the notional adversary portrayed
in such exercise.
PLA Civilian Strategic Mobility Capacity
The committee remains focused on deterring Chinese
aggression, and particularly the threat of military force
against Taiwan. To that end, the committee is concerned by the
recent reports surrounding the People's Liberation Army Navy's
(PLAN's) potential use of civilian vessels to expand the size
of its amphibious lift capacity as well as the potential use of
other non-military, state-owned or private assets to assist in
the invasion of Taiwan. Consequently, the committee directs the
Commander of U.S. Indo-Pacific Command to submit a report to
the congressional defense committees no later than January 1,
2022, including:
(1) An assessment of the People's Liberation Army Navy
amphibious transport capacity, including an analysis of the
role that commercial ferries and other relevant private or
publicly-owned vessels could play during an invasion of Taiwan;
(2) An assessment of the potential use of civilian
airliners for military purposes, including to support of an
invasion of Taiwan;
(3) An analysis of how the capabilities outlined in
paragraphs (1) and (2) could impact the ability of the People's
Republic of China to execute a successful invasion of Taiwan,
the operational planning assumptions of Indo-Pacific command,
and any required capability or force structure changes to
successfully prevent a fait accompli against Taiwan.
Potential Department of Defense Funding for the Wuhan Institute of
Virology
The committee directs the Secretary of Defense to submit a
report to the Armed Services Committee of the House of
Representatives not later than January 1, 2022 describing:
(1) All contracts the Department of Defense signed with the
EcoHealth Alliance or its affiliates by year from 2012-2021 in
spreadsheet format, to include purpose, location where contract
was performed, cost, metrics, contract number, contract
oversight organization, and whether any funds were provided
ultimately to the Wuhan Institute of Virology;
(2) Whether any DoD-funded research projects involving
EcoHealth Alliance or its affiliates were performed in China or
in support of research performed in China, and if so, a
description of the projects, the work performed, and the risk
assessments DoD used to evaluate the project;
(3) Whether DoD issued any awards to the EcoHealth Alliance
or its affiliates that are not available on USASpending.gov;
(4) Whether the Department sponsored any classified
research involving EcoHealth Alliance or its affiliates; and
(5) Copies of the agreements, initial research reports, and
all progress and final reports from the EcoHealth Alliance or
its affiliates.
This report shall be submitted in unclassified form and
made publicly available on an internet website in a searchable
format, but may contain a classified annex.
Report on Anti-Ship Systems for Defense of Taiwan
The committee supports the strategic partnership between
the United States and Taiwan, and notes the importance of anti-
ship systems in defending the territorial integrity of the
Government of Taiwan. The committee further notes the urgent
need for ground-based anti-ship cruise missiles, ground-based
cruise missiles, and anti-ship mines to defend United States
and allied forces in the Indo-Pacific against growing threats
and deter conflict in the region. The committee strongly
supports an effort to expand defense industrial cooperation
with the Government of Taiwan. Therefore, the committee directs
the Secretary of Defense to submit to the congressional defense
committees a report by January 31, 2022, on what anti-ship
systems and capabilities in the extant U.S. military hardware
inventory might be used to enhance the defense of Taiwan, and
plans on how these systems and capabilities could be
incorporated into the current military of the Government of
Taiwan to enhance their self-defense capabilities.
Report on Engaging Taiwan in Indo-Pacific Regional Dialogues or Forums
The committee recognizes the value of Taiwan-U.S.
relations, and the importance Taiwan plays in the Indo-Pacific
region.
As such, the committee directs the Secretary of Defense, to
submit a report to the House Committee on Armed Services by
March 1, 2022, on the Department of Defense's plan to
meaningfully engage Taiwan in regional security dialogues or
forums that shall include the following:
(1) An assessment of list of security regional dialogues or
forums that would fit for Taiwan's participation.
(2) A discussion of current and future plans to achieve
engaging Taiwan in regional security dialogues or forums.
(3) An evaluation of the feasibility of cooperating on a
range of activities with the aforementioned security dialogues
or forums, including: (a) humanitarian-assistance and disaster-
relief; (b) supply chain security; (c) cyber security; (d)
coast guard; and (e) any other matters the Secretary of Defense
determines appropriate.
Report on Evacuation of Remaining American Citizens and
Counterterrorism Operations in Afghanistan
The committee remains concerned about the safety of
American citizens still remaining in Afghanistan who seek to
leave and the ability to safely evacuate them with U.S. Armed
Forces no longer in Afghanistan. Furthermore, the Committee
continues to seek information regarding the risk of Afghanistan
becoming a terrorist safe haven. The committee is particularly
concerned that it has not been presented with clearly defined
plans to conduct counterterrorism operations and respond to
terrorist threats emanating from Afghanistan.
Therefore, not later than October 1, 2021, the Committee
directs the Secretary of Defense to submit to the Committees on
Armed Services of the Senate and the House of Representatives a
plan describing how the Secretary intends to carry out the
following operations in Afghanistan:
(1) support to the evacuation of American citizens or legal
permanent residents seeking evacuation by the Department of
State.
(2) maintain air superiority.
(3) intelligence, surveillance, and reconnaissance
missions.
(4) counterterrorism operations.
For each of these operations, the plan shall include--
(1) an estimate of the number of servicemembers required to
carry out such operations;
(2) the assets, resources, and other capabilities the
Department will employ to carry out such operations, including
those required for Special Operations Forces peculiar assets
and irregular warfare programs;
(3) the location where such troops, assets, resources, and
capabilities will be based;
(4) intelligence requirements to maintain situational
awareness;
(5) the costs associated with carrying out such operations;
and
(6) whether other authorities or operational requirements
for the continued counterterrorism mission in Afghanistan,
including operations in and from adjacent regions, are
required.
Report on Iranian Support for Military Forces Committing Severe Human
Rights Abuses
By March 1, 2022, the Committee directs the Secretary of
Defense to submit a report to the committees on Armed Services
of the House of Representatives and the Senate that includes a
detailed assessment of tactics used by Iran's internal security
forces, including the Basij, Ansar Hezbollah, and law
enforcement forces including all subunits and special forces,
as well as any religious police to suppress opposition groups
or violate human rights.
Report on Iranian Support for the Assad Regime
By March 1, 2022, the Committee directs the Secretary of
Defense to submit a report to the Committees on Armed Services
of the House of Representatives and the Senate that includes a
detailed description of ongoing or recent Iranian material
support for the government of Bashar al-Assad and the role this
support may have played in the losses of American or coalition
forces.
Report on Iranian Support for the Taliban in Afghanistan
By March 1, 2022, the committee directs the Secretary of
Defense to submit to the Committees on Armed Services of the
House of Representatives and the Senate a report that includes
a detailed description of ongoing or recent Iranian material
support for the Taliban and the role this support may have
played in the losses of American or coalition forces.
Report on Personal Identifiable Information Shared by the Department of
Defense with the Taliban during Evacuation Operations
The committee directs the Secretary of Defense to submit a
report on disclosure of personally identifying information and
biometrics to the Taliban to the committees on armed services
of the House and Senate no later than December 31st, 2021.
The report should include--
(1) A disclosure of the identifying information that the
Department shared with the Taliban regarding Americans, allies,
and Afghan civilians who worked with the coalition force,
including: (a) The number of individuals who had their
information shared; and(b) The types of information shared
including names, addresses, green cards, passports, or any
other identifying information. (2) An assessment of how the
Taliban has or plans to utilize this identifying information to
target or harm individuals in acts of reprisal.
Report on Security Impact of Taliban Prisoner Releases
The Committee directs the Secretary of Defense to submit a
report to the congressional defense committees by November 1,
2021 on the impacts that prisoners released by the Taliban are
having on the security environment in Afghanistan, threats such
released prisoners pose to servicemembers in the Central
Command Area of Responsibility, and any impact on United States
military operations in the Central Command Area of
Responsibility.
Report on Security of Pakistan's Nuclear Arsenal
The committee directs the Secretary of Defense to submit a
report to the to the congressional defense committees not later
than December 31, 2021, on the vulnerability of the nuclear
arsenal of the Government of Pakistan to seizure or control,
that includes considerations of known extremism among personnel
of the Inter-Services Intelligence and the possibility of
terror group threats from Afghanistan.
Report on the Progress and Development of ICBM Silos in Eastern
XinJiang, Gansu, and Jinlantai Provinces
The committee also directs the Secretary of Defense provide
a report to the House Committee on Armed Services, no later
than March 31, 2022 on the current progress and development of
intercontinental ballistic missile silos in Eastern Xinjiang,
Gansu and Jinlantai provinces of the People's Republic of China
(PRC). The report should also include a current assessment of
silo capabilities, an analysis of the infrastructure concept
behind development of such silos, updates on the size of over
the horizon force with respect to such silos, updates on the
locations of such silos, and anticipated completion dates of
such silos, and a comparative assessment of the modernization
efforts of the PRC's nuclear triad.
Report to Congress on the Status of Abandoned United States Military
Air Capabilities in Afghanistan
The committee directs the Secretary of Defense to submit a
report on the inventory of aircraft left behind by the United
States during the 2021 withdrawal of forces from Afghanistan to
the committees on armed services of the House and Senate no
later than March 1st, 2022.
The report should include an inventory of both rotary and
fixed wing aircraft left behind in Afghanistan as well at the
number of aircraft that were returned to the United States.
The report should also include a plan from the Department
to recoup or reduce the United States aircraft that are in the
hands of the Taliban.
SIGAR Performance Evaluation of the Afghan National Security and
Defense Forces
The committee recognizes the value of the Special Inspector
General for Afghanistan Reconstruction's assessments of United
States engagement in Afghanistan. The committee also notes the
Afghan National Security and Defense Forces (ANDSF)'s inability
to defend Afghanistan following the withdrawal of U.S. military
personnel. Therefore, the committee directs the Special
Inspector General for Afghanistan Reconstruction to conduct an
evaluation of the performance of the ANDSF for the period
between February 2020 and August 2021. The committee also
directs the Special Inspector General for Afghanistan
Reconstruction to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives and the
Secretary of Defense by March 1, 2022, on the findings of such
evaluation, including why the ANDSF proved unable to defend
Afghanistan from the Taliban following the withdrawal of U.S.
military personnel; the impact of the withdrawal of U.S.
military personnel had on the performance of the ANDSF;
elements of the U.S. military's efforts since 2001 to provide
training, assistance, and advising to the ANDSF that impacted
the ANDSF's performance following the U.S. military withdrawal;
the current status of U.S.-provided equipment to the ANDSF; the
current status of U.S.-trained ANDSF personnel; and any other
matters the Special Inspector General for Afghanistan
Reconstruction deems appropriate. The report shall be provided
in unclassified form, but may include a classified appendix.
Provided further, the Secretary of Defense shall, insofar
as is practicable and not in contravention of any existing law,
furnish all such information or assistance to the Special
Inspector General as the Special Inspector General may request
for the purpose of conducting the evaluation required by this
section.
Special Inspector General of Afghanistan Reconstruction (SIGAR)
Evaluation of Performance of Afghan National Defense and Security
Forces (ANDSF)
The Committee recognizes the work of SIGAR with respect to
U.S. military engagement in Afghanistan and directs the agency
to conduct an evaluation of performance of the Afghan National
Security and Defense Forces for the period between February
2020 and August 2021. The report shall include, and is not
limited to, findings towards the following questions:
(1) Why the ANDSF proved unable to defend Afghanistan from
the Taliban following the withdrawal of U.S. military
personnel.
(2) The impact the withdrawal of U.S. military personnel
had on the performance of the ANDSF;
(3) Elements of the U.S. military's efforts since 2001 to
provide training, assistance, and advising to the ANDSF that
impacted the ANDSF's performance following the U.S. military
withdrawal;
(4) The current status of U.S.-provided equipment to the
ANDSF;
(5) The current status of U.S.-trained ANDSF personnel; and
(6) Any other matters the Special Inspector General for
Afghanistan Reconstruction deems appropriate;
The committee also directs SIGAR to submit a report of
these findings to the Committees on Armed Services of the
Senate and the House of Representatives and the Secretary of
Defense by February 1, 2022. The report shall be provided in
unclassified form but may include a classified appendix.
Further, the Secretary of Defense shall, insofar as is
practicable and not in contravention of any existing law,
furnish all such information or assistance to the Special
Inspector General as the Special Inspector General may request
for the purpose of conducting the evaluation required by this
section.
Special Operations Forces Cooperation with Israel
The committee recognizes that allies and partners are a
crucial component of U.S. national security. The committee also
recognizes that strong relationships between U.S. Special
Operations Forces (USSOF) and the corresponding forces of our
allies and partners serve as an important anchor in addressing
complex threats. The committee notes that the challenges
presented by state and non-state actors in the Middle East and
the Levant underscore the need for reliable relationships,
including interoperable relationships if feasible, in which
USSOF can partner to deter and challenge those threats.
Therefore, the committee directs the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict, in
coordination with the Commander, U.S. Special Operations
Command, to provide a briefing to the House Committee on Armed
Services by December 31, 2021, on all current, developing, and
planned cooperative and collaborative activities and
initiatives between USSOF and Israeli special operations
forces.
Status of Operation Atlantic Resolve
The committee believes it is important for the Department
of Defense and Congress to be definitionally clear on the
official status of Operation Atlantic Resolve. Therefore, the
committee directs the Secretary of Defense to provide to the
House Committee on Armed Services not later than January 5,
2022, a determination in writing as to whether or not Operation
Atlantic Resolve officially constitutes a named operation or
not, along with an assessment of the legal and policy
implications of that status.
Strategy for Preserving the Rights of Women and Girls in Afghanistan
The committee is concerned about the impact of the
withdrawal of U.S. forces from Afghanistan on Afghan women and
girls. The committee notes that the U.S. military has many
capabilities that could be used to support regional security
partners. Therefore, the committee directs the Secretary of
Defense, in coordination and consultation with the Secretary of
State, to submit a report to the House Committee on Armed
Services and House Committee on Foreign Affairs by March 1,
2022, including a comprehensive strategy for how U.S. military
capabilities and partnerships could be used to promote the
protection of the rights of women and girls in Afghanistan. The
strategy should include:
(1) an analysis of any programs in the region that could be
leveraged to protect the rights of women and girls, preserve
the gains made by women and girls, and best ensure the
meaningful participation of Afghan women in any transitional
security arrangements and any future political or peace
processes, in accordance with the Women, Peace and Security Act
of 2017 (Public Law 115-68; 22 U.S.C. 2151).
(2) an assessment of military capabilities that could be
used to assist with State Department-led efforts to protect the
rights of Afghan women and girls relating to Afghanistan and
the region.
(3) an assessment of additional statutory authority needed
to permit the effective use of Department of Defense
capabilities to protect the rights of women and girls and
ensure opportunity of meaningful participation in any future
Afghan political processes.
(4) ways to ensure that activities carried out under the
strategy employ rigorous monitoring and evaluation
methodologies and are informed by gender analysis as defined by
the Women's Entrepreneurship and Economic Empowerment Act of
2018 (Public Law 115-428) and required by the U.S. Strategy on
Women, Peace, and Security.
Such strategy must be submitted in an unclassified format
but may contain a classified annex.
Strategy to Mitigate Modifications to Defender Europe
The committee notes that the Department of Defense
cancelled the large-scale theater level Defender Europe
exercise for fiscal year 2022 at a time of increased escalatory
Russian military activity and replaced it with smaller-scale
activities. Large-scale theater level Defender Europe exercises
have been a cornerstone of United States deterrence activity
against Russia and demonstrate the United States capacity to
rapidly reinforce the European continent in a contingency while
building readiness, demonstrating resolve, enhancing
capability, and strengthening alliances and partnerships. The
committee further notes that this change could impact Defender
Pacific exercises in the Indo-Pacific. Therefore, the committee
directs the Secretary of Defense to provide to the
congressional defense committees not later than January 5,
2022, a strategy in writing that details how it will mitigate
the impacts on readiness, deterrence, and interoperability of
the modifications made to this exercise.
The committee is concerned that the decision to modify the
Defender Europe exercise was made years ago but was not shared
with Congress until the fiscal year 2022 President's Budget
request. The committee urges the Department of Defense to
review this decision and the benefits of conducting a theater-
level European exercise to deter Russia in future years.
Strategy to Mitigate U.S. Army V Corps in the Continental United States
Challenges
The committee notes previous military advice indicating
that U.S. Army V Corps should be forward-stationed in Europe
and the potential operational impacts of the stationing of V
Corps in the continental United States. Therefore, the
committee directs the Under Secretary of Defense for Policy, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Secretary of the Army, and the
Commander, United States European Command, to provide a
strategy to the congressional defense committees not later than
January 5, 2022, to mitigate any logistical and policy
challenges posed by hybrid rotational structure to Europe. The
strategy shall include measures to address challenges posed by
potential Russian actions to disrupt V Corps interaction with
the European theater, substantial time zone differences,
limitations on the ability to coordinate with and assure allies
due to physical distance, staffing and logistical challenges
inherent in spreading a Corps headquarters between North
America and Europe, and all other relevant issues. The strategy
shall include, for each mitigation measure, an assessment of
the effectiveness that each measure would have in addressing
each relevant challenge, as well as a comparative assessment of
the effectiveness that each measure would have in comparison to
forward-stationing V Corps in Europe as well as a comparative
assessment of the cost of the current hybrid structure as
compared to fully forward stationing V Corps in Europe.
Sustaining Deterrence in Europe
The Committee asserts that sustained deterrence against
Russian aggression on Europe's eastern flank is an essential
element of our global posture. Further, it is more critical
than ever that the United States demonstrate a continuing
commitment to its alliances and partnerships in Europe.
The Committee asserts that there is operational and
strategic value in permanent forward presence and in some
locations where it is most appropriate, continued rotational
presence. Forward-positioned forces:
(1) reduce time and space limitations by providing rapid
response capabilities to geographic combatant commanders;
(2) serve as a deterrent to potential adversaries while
assuring partners and allies;
(3) can reduce cost, given that the use of rotational
forces encumbers at least three units to support the one
rotation: the unit currently performing the rotational mission,
the unit training to assume the rotational mission, and the
unit undergoing reset after completing the rotational mission,
so that the financial costs of supporting ``heel-to-toe''
rotational units over several years may be greater than
correlating costs for permanently forward-stationed units;
(4) can enable increased deterrence in multiple theaters
given the three-to-one ratio of units required to sustain
rotational deployments, so that permanent forces can facilitate
greater deterrent focus using a comparable amount of forces;
(5) enable U.S. forces to develop and sustain expertise on
the terrain, supporting infrastructure, sustainable lines of
communication, and regional security forces in the region,
while building closer relationships with ally and partner
forces, and improved understanding of the cultural and regional
context in which deterrence and potential conflict occur;
(6) benefit military families by enabling families to
accompany service members on deployments and reducing the wear
and tear on service members and their family relations inherent
in a constant rotational redeployment and training cycle;
(7) facilitate cooperative efforts to build and develop
partner country security capabilities; and
(8) help mitigate contested logistics risks and
vulnerabilities inherent to rotational forces.
Moreover, the Committee notes that since Fiscal Year 2016,
and nearly every year thereafter, Congress has consistently
advocated for an approach to U.S. defense posture in Europe
that includes a greater emphasis on permanent forward
positioned forces. Due to these factors, the Committee asserts
that it may best serve the United States operational and
strategic interests to maintain additional permanently
stationed forces on Europe's eastern periphery, in order to:
provide rapid response capabilities; deter potential
adversaries; assure partners and allies; enhance U.S. forces
understanding of the local environment; reduce cost; free up
logistical resources to enhance U.S. forward presence in
multiple theaters where closer relationships and enhanced
deterrence are needed; counter the challenges inherent in
deployment from the continental United States to a contested
logistics environment; and facilitate cooperative efforts to
build and develop partner-nation security capabilities.
Therefore, the Committee directs the Secretary of Defense,
in consultation with the service secretaries, to submit a
report to the congressional defense committees not later than
March 15, 2022, on the Department's strategy for enhancing the
United States forward presence on NATO's eastern periphery, to
include assessments of possibilities for potential force
structure enhancements at a minimum in Romania, Poland, and the
Baltic states, along with options for enhanced deterrent
posture in Ukraine. The report shall include,
(1) an assessment of the impact on deterrence of increased
forward presence;
(2) an assessment of the impact on relationships with
allies and partners in the region that would result from
increased forward presence;
(3) a comparative assessments of the costs and benefits of
increased permanent forces versus rotational forces;
(4) an assessment of the synergies that might be
implemented via additional presence and participation of other
allied and partner forces;
(5) the current and potential state of host nation
contributions to collective defense and any synergies with
potential enhanced U.S. posture;
(6) the impact of forward positioned forces versus
rotational forces on mitigating contested logistics risks;
(7) the feasibility of deploying forces to train and advise
in their defense against active Russian-backed aggression; and
(8) any other information the Secretary deems relevant.
Taliban Financial Assets Report
The Committee directs the Secretary of Defense to submit a
report on the Taliban's access to rare earth minerals,
financial resources, and United States military equipment, to
the Committees on Armed Services of the House of
Representatives not later than March 1, 2022.The report should
include--
(1) the estimated value of Afghanistan's rare earth mineral
resources currently under control of the Taliban;
(2) the estimated value of the cash reserves of the
previous government of the Islamic Republic of Afghanistan that
are now in the hands of the Taliban;
(3) a detailed accounting articles of United States and
NATO military equipment now in the hands of the Taliban;
(4) the estimated net wealth of the Taliban as an
organization, and how much that net wealth grew after the fall
of the government of the Islamic Republic of Afghanistan;
(5) a detailed estimation of the Haqqani Network's access
to military, financial and rare earth mineral resources after
the fall of the government of the Islamic Republic of
Afghanistan;
(6) the impact that the United States withdrawal from
Afghanistan had on the military, financial and rare earth
mineral resources of al-Qaeda in Afghanistan;
(7) a detailed assessment of all sources of Taliban, al-
Qaeda, and Haqqani Network financing in Afghanistan including
from the sale of illicit drugs such as opium; and
(8) the current state of United States and United Nations
sanctions with respect to Afghanistan and their feasibility at
blocking the Taliban, including the Haqqani network, as well as
al-Qaeda from accessing such financial and military resources.
Taliban relationship with Foreign Terrorist Organizations
The Committee directs the Secretary of Defense to submit a
report on the Taliban's associations, affiliations, and
relationships with Foreign Terrorist Organizations to the
Committee on Armed Services of the House of Representatives not
later than March 1, 2022. The report should include--
(1) The Haqqani network's economic, political and military
relationship and association with the Taliban.
(2) Tehrik-e Taliban Pakistan (TTP) economic, political and
military relationship and association with the Taliban.
(3) Al Qaeda economic, political and military relationship
and association with the Taliban.
(4) Whether the Taliban has provided material support for
Al Qaeda, Haqqani, and TTP.
Tracking Local National Support to U.S. Armed Forces
The committee recognizes the invaluable support provided to
the United States military by local nationals who serve in a
variety of different positions from linguist, cultural
advisors, and other support positions. Without their support,
the ability to accomplish our mission would be more difficult.
To ensure the Department of Defense is able to support
routine immigration requests as well as emergency evacuations,
the committee directs the Secretary of Defense to provide a
briefing by March 1, 2022, to the House Committee on Armed
Services and Senate Committee on Armed Services detailing the
feasibility of maintaining a comprehensive database of local
nationals that work in support of the United States military
during armed conflicts.
LEGISLATIVE PROVISIONS
Subtitle A--Assistance and Training
Section 1201--Extension of Support of Special Operations for Irregular
Warfare
This section would modify section 1202(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91), as most recently amended by section 1207 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283), by striking ``2023'' and
inserting ``2025''.
SUBTITLE B--MATTERS RELATING TO AFGHANISTAN AND PAKISTAN
Section 1211--Clarification of Certain Matters regarding Protection of
Afghan Allies
This section would modify the Afghan Allies Protection Act
of 2009 (Public Law 111-8). The committee notes the critical
importance of the Special Immigrant Visa Program and remains
committed to Afghan citizens who, at great personal risk,
supported United States operations in Afghanistan.
Section 1212--Afghanistan Security Forces Fund
This section would extend the Afghanistan Security Forces
Fund through fiscal year 2022 for the termination of contracts
associated with Afghan National Defense and Security Forces,
the return of equipment to Department of Defense stocks, and
other close out activities. This section also would require a
quarterly report on the progress and cost associated with the
utilization of this authority.
Section 1213--Prohibition on Providing Funds or Material Resources of
the Department of Defense to the Taliban
This section would prohibit Department of Defense funds or
material resources to the Taliban.
Section 1214--Prohibition on Transporting Currency to the Taliban and
the Islamic Emirate of Afghanistan
This section would prohibit Department of Defense aircraft
from transporting currency or other items of value to the
Taliban, the Islamic Emirate of Afghanistan, or any subsidiary.
Section 1215--Extension and Modification of Authority for Reimbursement
of Certain Coalition Nations for Support Provided to United States
Military Operations
This section would extend through December 31, 2022, the
authority to make Coalition Support Fund payments under section
1233 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181).
Section 1216--Quarterly Briefings on the Security Environment in
Afghanistan and United States Military Operations Related to the
Security of, and Threats Emanating from, Afghanistan
This section would require quarterly briefings on the
security environment in Afghanistan and U.S. military
operations related to the security and threats emanating from
Afghanistan.
Section 1217--Quarterly Report on the Threat Potential of Al-Qaeda and
Related Terrorist Groups under a Taliban Regime in Afghanistan
This section would require a quarterly report on the threat
of al-Qaeda and related terrorist groups under a Taliban regime
in Afghanistan.
Section 1218--Sense of Congress
This section would provide the sense of Congress
recognizing the men and women of the Armed Forces for their
heroic and noble service securing Hamid Karzai International
Airport and supporting the largest Noncombatant Evacuation
Operation in United States history. The sense of Congress would
also recognize the ultimate sacrifice of the 11 Marines, the
sailor, and the solider who gave their lives for this mission.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Section 1221--Extension and Modification of Authority to Provide
Assistance to Vetted Syrian Groups and Individuals
This section would extend and modify section 1209 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291), by
extending the authority to support vetted Syrian groups and
individuals through December 31, 2022, and the required notice
before the provision of assistance.
Section 1222--Extension and Modification of Authority to Support
Operations and Activities of the Office of Security Cooperation in Iraq
This section would extend by 1 year, section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (10
U.S.C. 113), the Office of Security Cooperation-Iraq authority.
Section 1223--Extension and Modification of Authority to Provide
Assistance to Counter the Islamic State of Iraq and Syria
This section would modify section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291) to provide
assistance to the security forces of the Government of Iraq to
counter the Islamic State of Iraq and Syria and extend the
authority through December 31, 2022. This section would also
limit the obligation and execution of some funds until the
Secretary of Defense and Secretary of State submit security
cooperation and security sector reform plans for Iraq.
The committee notes the importance of building sustainable
partner forces that share common security goals. The committee
further notes the absence of an integrated plan for security
cooperation in Iraq, beyond the current phase of Operation
Inherent Resolve. The committee encourages security cooperation
with Iraqi military partners, including the Kurdish Peshmerga
Regional Guard Brigades, that emphasizes training and equipping
and seeks to achieve the objective of building lasting,
sustainable military capacity. Therefore, the committee further
urges the Department to use funds authorized by this Act to be
used predominantly to train and equip partner forces toward
that objective. Finally, the committee believes U.S. security
cooperation and military activities should nest within a whole-
of-government approach, executed in coordination with coalition
and NATO partners, to strengthen Iraq's governance and
institutions of national defense, promote stability, shared
economic prosperity, and broad reform.
Section 1224--Prohibition of Transfers to Badr Organization
This section would prohibit Department of Defense funds to
be made available to the Badr Organization.
Section 1225--Prohibition on Transfers to Iran
This section would prohibit Department of Defense funds to
be used to transfer or facilitate a transfer of pallets of
currency, currency, or other items of value to the Government
of Iran, or any subsidiary, agent, or instrumentality of the
Government of Iran.
Section 1226--Report on Iran-China Military Ties
This section would require an annual report on military
ties between China and Iran.
Section 1227--Report on Iranian Military Capabilities
This section would require a recurring report on Iranian
military capabilities and the impact that removal of sanctions
would have on such capabilities.
Section 1228--Report on Iranian Terrorist Proxies
This section would require a recurring report on
improvements of military capabilities of Iran-backed militias
and the impact that removal of sanctions would have on such
capabilities.
Subtitle D--Matters Relating to Russia
Section 1231--Extension of Limitation on Military Cooperation between
the United States and Russia
This section would extend for 1 year section 1232(a) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328). This section would limit the use of fiscal year
2022 funds for bilateral military-to-military cooperation
between the Government of the United States and Russia until
the Secretary of Defense, in coordination with the Secretary of
State, provides a certification to appropriate congressional
committees relating to certain actions by Russia.
Section 1232--Prohibition on Availability of Funds Relating to
Sovereignty of Russia over Crimea
This section would extend by 1 year the prohibition imposed
by section 1245 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92). This section would
prohibit the use of fiscal year 2022 funds to implement any
activity that recognizes the sovereignty of Russia over Crimea.
This section would also allow the Secretary of Defense, with
the concurrence of the Secretary of State, to waive the
prohibition if the Secretary of Defense determines that doing
so would be in the national security interest of the United
States and submits a notification to the House Committee on
Armed Services, the Senate Committee on Armed Services, the
Senate Committee on Foreign Relations, and the House Committee
on Foreign Affairs.
Section 1233--Modification and Extension of Ukraine Security Assistance
Initiative
This section would extend by 1 year section 1250 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) to authorize the Secretary of Defense to provide
security assistance and intelligence support to the Government
of Ukraine, with the concurrence of the Secretary of State.
This section would also authorize $300.0 million to carry out
this authority in fiscal year 2022.
Section 1234--Report on Options for Assisting the Government of Ukraine
in Addressing Integrated Air and Missile Defense Gaps
This section would require a report on options for the
United States to support Ukraine in addressing integrated air
and missile defense gaps.
Section 1235--Biennial Report on Russian Influence Operations and
Campaigns Targeting Military Alliances and Partnerships of Which the
United States is a Member
This section would require a biennial report on Russia's
influence operations and campaigns targeting U.S. military
alliances and partnerships.
Section 1236--Sense of Congress on Georgia
This section would express the sense of Congress regarding
Georgia.
Subtitle E--Matters Relating to the Indo-Pacific Region
Section 1241--Sense of Congress on a Free and Open Indo-Pacific Region
This section would express the sense of Congress on the
United States' steadfast commitment to a free and open Indo-
Pacific region, including the central role of close U.S.
alliances and partnerships in deterring aggression and
countering malign activity by the Governments of the People's
Republic of China and North Korea. This section would also
express the sense of Congress that the United States should
continue to invest in military posture and capabilities in the
Indo-Pacific.
The committee condemns aggressive actions by the Government
of the People's Republic of China to disrupt U.S. alliances,
values, and partnerships; threaten its neighbors; renege on its
commitments regarding autonomy, democracy, and freedom of
expression in Hong Kong; and violate fundamental human rights
in Xinjiang. The committee supports the executive branch's
continued efforts to counter the Government of the People's
Republic of China's aggressive behavior, territorial claims,
and violations of rules and international norms, and to
increase cooperation with allies and partners in the Indo-
Pacific and worldwide against these challenges.
Section 1242--Clarification of Required Budget Information Related to
the Indo-Pacific
This section would clarify the required budget information
related to the Indo-Pacific.
Section 1243--Report on Cooperation Between the National Guard and
Taiwan
This section would require the Secretary of Defense to
submit a report on the feasibility and advisability of enhanced
cooperation between the National Guard and Taiwan.
Section 1244--Report on Military and Security Developments Involving
the People's Republic of China
This section would modify current annual reporting
requirements on military and security developments involving
the People's Republic of China.
Section 1245--Biennial Report on Influence Operations and Campaigns of
the Government of the People's Republic of China Targeting Military
Alliances and Partnerships of Which the United States Is a Member
This section would require a biennial report on the
Government of the People's Republic of China's influence
operations and campaigns targeting U.S. military alliances and
partnerships.
Section 1246--Report on Efforts by the People's Republic of China to
Expand Its Presence and Influence in Latin America and the Caribbean
This section would direct the Secretary of Defense, with
concurrence of the Secretary of State, and in coordination with
the Secretary of the Treasury and the Director of National
Intelligence, to submit a report on the Government of the
People's Republic of China's efforts to expand its presence and
influence in Latin America and the Caribbean.
Section 1247--Sense of Congress on Taiwan Defense Relations
This section would express the sense of Congress regarding
Taiwan defense relations.
Section 1248--Sense of Congress on Inviting Taiwan to the Rim of the
Pacific Exercise
This section would express the sense of Congress that the
naval forces of Taiwan should be invited to participate in the
Rim of the Pacific exercise conducted in 2022.
Section 1249--Sense of Congress on Enhancing Defense and Security
Cooperation with Singapore
This section would express the sense of Congress on
enhancing defense and security cooperation with Singapore.
Section 1250--Sense of Congress
This section would express the sense of Congress in support
of U.S. Armed Forces presence in South Korea.
Section 1251--Sense of Congress with Respect to Qatar
This section would provide the sense of Congress on the
relationship between the United States and Qatar.
Section 1252--Statement of Policy
This section would state that it shall be the policy of the
United States to maintain the ability of the United States
Armed Forces to deny a fait accompli by a strategic competitor
against a covered defense partner.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
LEGISLATIVE PROVISIONS
Subtitle A--Matters Relating to Europe and NATO
Section 1301--Report on the State of United States Military Investment
in Europe including the European Deterrence Initiative
This section would require a report outlining the current
state of U.S. defense investments in Europe.
Section 1302--Sense of Congress on United States Defense Posture in
Europe
This section would express the sense of Congress on United
States defense posture in Europe.
Section 1303--Sense of Congress on Security Assistance to the Baltic
Countries
This section would express the sense of Congress on
security assistance to the Baltic countries.
Subtitle B--Security Cooperation and Assistance
Section 1311--Extension of Authority for Certain Payments to Redress
Injury and Loss
This section would extend through December 31, 2023, the
authority to make ex gratia payments for damage, personal
injury, or death that is incident to combat operations of the
United States Armed Forces, under section 1213 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
Section 1312--Foreign Area Officer Assessment and Review
This section would require an independent assessment and
comprehensive review of the development, advancement,
retention, and utilization of Foreign Area Officers (FAOs) and
the feasibility of billeting more Senior Defense Official roles
to FAOs.
Section 1313--Women, Peace, and Security Act Implementation at Military
Service Academies
This section would express the sense of Congress regarding
funding for Women, Peace, and Security Act of 2017 (Public Law
115-68) implementation funding, requires professional military
education activities as well as a briefing on security
cooperation activities consistent with such Act, encourages
admission of diverse individuals at military service academies,
and requires the Department to partner with schools and
nonprofit organizations.
Subtitle C--Other Matters
Section 1321--Extension of Authority for Department of Defense Support
for Stabilization Activities in National Security Interest of the
United States
This section would extend the authority to conduct programs
authorized under section 1210A of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
Defense Support for Stabilization Activities in National
Security Interest of the United States.
Section 1322--Notification Relating to Overseas Humanitarian, Disaster,
and Civic Aid Funds Obligated in Support of Operation Allies Refuge
This section would require a report on overseas
humanitarian, disaster, and civic aid (OHDACA) funds obligated
for expenses in support of Operation Allies Refuge.
Section 1323--Limitation on Use of Funds for the 2022 Olympic and
Paralympic Winter Games in China
This section would prohibit the Department of Defense from
providing transportation of United States Officers and United
States Officials to the 2022 Olympic and Paralympic Winter
Games in the People's Republic of China.
Section 1324--Report on Hostilities Involving United States Armed
Forces
This section would require the President to submit a
report, not later than 48 hours after any incident in which the
United States Armed Forces are involved in hostilities unless
the relevant incident is reported under the requirements of
section 4 of the War Powers Resolution (50 U.S.C. 1543) or
occurred pursuant to an authority for the use of force that has
been reported according to section 1264 of the National Defense
Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549).
TITLE XIV--OTHER AUTHORIZATIONS
LEGISLATIVE PROVISIONS
Subtitle A--Military Programs
Section 1401--Working Capital Funds
This section would authorize appropriations for Defense
Working Capital Funds at the levels identified in section 4501
of division D of this Act.
Section 1402--Chemical Agents and Munitions Destruction, Defense
This section would authorize appropriations for Chemical
Agents and Munitions Destruction, Defense at the levels
identified in section 4501 of division D of this Act.
Section 1403--Drug Interdiction and Counter-Drug Activities, Defense-
Wide
This section would authorize appropriations for Drug
Interdiction and Counter-Drug Activities, Defense-wide at the
levels identified in section 4501 of division D of this Act.
Section 1404--Defense Inspector General
This section would authorize appropriations for the Office
of the Inspector General of the Department of Defense at the
levels identified in section 4501 of division D of this Act.
Section 1405--Defense Health Program
This section would authorize appropriations for the Defense
Health Program at the levels identified in section 4501 of
division D of this Act.
Subtitle B--Other Matters
Section 1411--Acquisition of Strategic and Critical Materials from the
National Technology and Industrial Base
This section would prioritize the acquisition of certain
materials from the National Technology and Industrial Base.
Section 1412--Authority for Transfer of Funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illinois
This section would authorize the transfer of funds to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund.
Section 1413--Authorization of Appropriations for Armed Forces
Retirement Home
This section would authorize appropriations for the
operation of the Armed Forces Retirement Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
ITEMS OF SPECIAL INTEREST
21st Century IDEA Compliance
The Assistant to the Secretary of Defense for Public
Affairs recently appointed the Defense Media Activity (DMA) as
the lead agency for consolidating all DoD component public
website management into a central DoD Public Web Program. The
Committee is supportive of this much-needed website
consolidation and modernization effort that will allow DoD to
fully comply with the 21st Century Integrated Digital
Experience Act ``21st Century IDEA'' (Public Law 115-336). The
committee views a modernized DoD Public Web Program as
essential to ensure DoD websites are more secure, accessible,
consistent in appearance, user-centered and mobile friendly to
all who use them, including active duty and civilian personnel,
military families and the broader defense community. The
committee directs the Assistant to the Secretary of Defense for
Public Affairs, in coordination with the Director of the
Defense Media Activity, to brief the committee on the Public
Web Program no later than April 1, 2022.
Africa Data Science Center
The committee recognizes and commends the work of the
Africa Data Science Center within the U.S. Army Intelligence
and Security Command's 207th Military Intelligence Brigade-
Theater. With support from U.S. Army Africa and U.S. Africa
Command (USAFRICOM), this pilot program serves as a model for
the innovation needed to meet Department of Defense
modernization priorities. With a small staff and limited funds,
the team has been able to leverage best practices from across
the intelligence community, applying leading-edge data science
tradecraft to fulfill operational intelligence requirements.
Their work has been invaluable in helping USAFRICOM better
understand near-peer adversary activities across Africa. The
committee believes the Africa Data Science Center is an
exemplar of operationalizing innovative technological solutions
in an Area of Responsibility with limited resources aligned
against it. In understanding how the lessons of the Africa Data
Science Center can be applied to other national security and
regional challenges, the committee directs the Chief of Staff
of the Army to provide a briefing to the committee no later
than May 1st, 2022 on how other regionally-aligned Army
elements can incorporate best practices of the Africa Data
Science Center to the maximum extent practicable.
Briefing on the Joint Artificial Intelligence Center's Data Efforts
The committee supports the Joint Artificial Intelligence
Center's creation of the Department of Defense Artificial
Intelligence (AI) Enterprise Infrastructure and Cybersecurity
Committee and encourages the Department to invest in the
necessary machine learning data infrastructure to support
Department-wide artificial intelligence efforts. This effort
should incorporate foundational data readiness required for
ongoing and future AI algorithm development into all programs
of record, as appropriate. The committee directs the Director
of the Joint Artificial Intelligence Center to provide a
briefing to the House Committee on Armed Services not later
than January 15, 2022, on the activities and priorities,
including data infrastructure development, of the Department of
Defense AI Enterprise Infrastructure and Cybersecurity
Committee.
Comptroller General Review of Department of Defense Training to Prepare
for Leadership and Operations in a Contested Information Environment
The committee notes the importance of maintaining U.S.
dominance in the information environment and ensuring proper
training so that leaders can function effectively in a
contested information environment.
Accordingly, the committee directs the Comptroller General
of the United States to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
not later than July 2, 2022, reviewing Department of Defense
decision-making policy and training for service members and
commanders operating in a contested information environment.
The review should assess policy, training and exercises where
service members develop and maintain decision-making skills in
an information environment where information may be inaccurate,
incomplete, or manipulated. The review should also assess the
extent to which regulations and tactics, techniques, and
procedure allow commanders to apply critical thinking skills
and flexible decision making in a contested information
environment.
Cyber Institutes Program
The Committee directs the Principal Cyber Advisor to submit
a report to the House Committee on Armed Services by May 31,
2022 on the effectiveness of the cyber institutes program under
section 1640 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2200 note;
Public Law 115-232). The report should include information
about the number of students within that school's Reserve
Officers' Training Corps (ROTC) who participate in the
institutes' activities, the occupational specialties of ROTC
students having participated in the institutes' activities, and
information related to research by professors and students
affiliated with the institutes' activities.
Department of Defense Data Strategy
The committee commends the Department of Defense for
developing the 2020 Department of Defense Data Strategy,
understanding that data is an important resource that must be
managed and secured in order for it to be used for operational
effects. Ensuring the trustworthiness and security of this data
should be at the foundation of implementation efforts across
the Department. The strategy notes that the Department must
protect its own data while at rest, in motion, and in use. It
also lays out several approaches to data protection, including
attribute-based access control. However, it is unclear to the
committee how the Department plans to implement this strategy.
The committee directs the Chief Information Officer of the
Department of Defense, in coordination with the Director of the
Defense Information Systems Agency, to provide a briefing to
the House Committee on Armed Services not later than February
1, 2022, on efforts to build cohesive data standards,
monitoring for compliance and adherence to common frameworks,
and planned efforts over the Future Years Defense Program.
Department of Defense Website and Forms Modernization Program
The 21st Century Integrated Digital Experience Act (Public
Law 115-336), enacted in December 2018, required that the
Department of Defense make all websites and forms related to
serving the public available in a secure, consistent,
accessible, fully usable and mobile friendly format by December
2020. To ensure that the Department of Defense continues its
path towards compliance, the committee directs the Department
of Defense Chief Information Officer to provide a briefing to
the House Committee on Armed Services not later than February
15, 2022, on its current trajectory toward form modernization.
Directive Authority for National Security Systems
The committee recognizes the advancement of government-wide
cybersecurity through directive authorities, such as those held
by the Department of Homeland Security, and binding operational
directives for civilian agencies, and those of the Department
of Defense, through Joint Functional Headquarters-Department of
Defense Information Network (JFHQ-DODIN), for the military and
subordinate components. However, while these agencies are able
to direct required actions to the majority of the federal
government, there appear to be impediments to a comparable
authority over National Security Systems (NSS).
As such, the committee directs the Director of the National
Security Agency to provide a report to the House Committee on
Armed Services no later than March 2, 2022, on impediments to
the effective use of directive authorities by the NSA over
National Security Systems. The report shall also include
recommendations to maximize the impact directive authority over
National Security Systems can have in mitigating risk to the
federal government, as well as steps taken to date.
Director of Operational Test & Evaluation Software Academic Technical
Expertise
The Fiscal Year 2019 Director of Operational Test and
Evaluation's (DOT&E) annual report to Congress argues that a
wealth of software and cyber expertise is available in the
United States' academic sector, but that the Department of
Defense has yet to apply significant resources to harness the
capabilities of American universities. Alternatively, the
report notes that competing nations have been harnessing United
States academic capabilities for decades and recommends that
the Department make a concerted effort to employ more of the
software and cyber experts in academia in the defense of our
Nation. To this end, the committee recommends that the Director
of Operational Test and Evaluation support a university-based
test and evaluation software and cyber Center of Excellence to
modernize assessments of, and improve confidence in, the
operational effectiveness, suitability, and survivability of
software intensive and cyber physical systems. Additionally,
the committee encourages the Director to support commensurate
scholarships and internships to grow a workforce pipeline into
the software and cyber test and evaluation workforce.
Therefore, the committee directs the DOT&E to submit an
implementation plan to the congressional defense committees by
March 31, 2022 on how the DOT&E will support and implement both
a test and evaluation software and cyber Center of Excellence
and commensurate scholarships and internships.
Effectiveness Metrics for Information Operations
The committee directs the Comptroller General of the United
States to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives on the
effectiveness and sufficiency of the Department of Defense's
assessment capability for defining and measuring the impact of
Department information operations. The report will be due not
later than 180 days after the Department of Defense designates
a Department entity and develops, applies, and refines an
assessment capability for defining and measuring the impact of
information operations in compliance with section 1749 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
Enterprise Network Endpoint Monitoring
The committee commends actions taken to date by the
Department of Defense to increase and improve the visibility
across the network of its assets to include endpoints.
Nevertheless, the committee remains concerned by the inability
of the Department, the Chief Information Officer, and Joint
Forces Headquarters-Department of Defense Information Networks
(JFHQ-DODIN) to compel components under directive authority for
cyberspace operations (DACO) authorities to be configured for
and provide live data to JFHQ-DODIN. A key aspect of the
Department's vulnerabilities lay in its numerous endpoint
devices, with each service and component possibly taking unique
approaches toward endpoint monitoring. To address these
concerns, the committee directs the Department of Defense Chief
Information Officer, in coordination with the JFHQ-DODIN, to
provide a briefing to the House Committee on Armed Services not
later than April 1, 2022, on the efforts of the Department to
increase and ensure compliance at the component level of
network endpoint monitoring, and plans to update network
patching standards to reflect current industry approaches and
practices. Additionally, the briefing should address barriers
which prevent or hinder the ability of components under JFHQ-
DODIN's authority to provide live data.
Enterprise Telecommunications Security
The committee asserts that the military forces require a
robust telecommunications infrastructure with built-in
resilience and persistent risk mitigations measures. While the
Department must develop enterprise-wide efforts, the regional
combatant commands must also consider regionally specific
considerations. These often include analyses of military-
managed and commercially managed infrastructures. To understand
these region-specific considerations devised by combatant
commands, the committee directs the Chief Information Officer
of the Department of Defense, in coordination with the
combatant commands, to brief the committee no later than May
31, 2022 on the evolution of the Department's secure
communications infrastructure. The committee further directs
that the briefing should place greater emphasis on European
Command and Indo-Pacific Command, in line with the National
Defense Strategy. The briefing should specifically address how
integration with U.S. hosted commercial capabilities could
improve mission effectiveness, including considerations of
reduced latency and increased fidelity through emerging
technologies.
Investing in Robust Data Infrastructure for Artificial Intelligence
The committee recognizes that the Department of Defense is
deploying artificial intelligence (AI) and machine learning to
increase warfighter capability, decrease operational costs, and
ensure civilian safety. The Department should incorporate the
foundational data readiness required for ongoing and future AI
algorithm development into all programs and systems of records.
The Department should endeavor to ensure these program and
system data holdings are structured with consistent and
accurate annotations that have known and measurable recall and
precision to ensure production-level performance and efficient
AI development. Furthermore, the committee is pleased by Joint
Artificial Intelligence Center creation of the Department of
Defense AI Enterprise Infrastructure and Cybersecurity
Subcommittee.
Strategy and Posture Review for Information Operations
The committee notes that Information Operations (IO) play a
critical role in military advantage. Our national security
depends on our ability to influence and disrupt adversary
information flow and decision-making, as well as defend and
bolster our own. IO can include a range of capabilities, from
electromagnetic warfare and cyber operations to operations
security and information assurance. Near-peer competitors are
currently using IO to achieve objectives below the threshold of
armed conflict. Russia has repeatedly leveraged cyberattacks
and disinformation campaigns to undermine U.S. institutions and
allies and China has invested heavily in electronic warfare
capabilities to counter our own.
These tactics are particularly effective in ``gray zone''
warfare, where adversaries operate below the level of armed
conflict. Department of Defense leadership has acknowledged
China and Russia's extremely effective use of gray zone warfare
and the risk to the Department of Defense if it doesn't learn
to operate in that space effectively. IO will play a critical
role in making the Department more competitive in the ``gray
zone.''
Currently, the Department defines IO inconsistently across
components of the organization and does not have clear policy
for it. Section 1631(g) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) directed the
Secretary of Defense to submit a Strategy and Posture Review to
the House Armed Services Committee and the Senate Armed
Services Committee no later than 270 days after the Act was
enacted. The committee notes that this report has not yet been
submitted.
Accordingly, the committee directs the Secretary of
Defense, acting through the Principal Information Operations
Advisor under Section 397 of Title 10, United States Code, to
submit this report to the House Armed Services Committee as
soon as possible. This report should make sure to complete a
detailed evaluation of any organizational changes that may be
necessary within the Office of the Secretary of Defense
including changes to the role of the Principal Information
Operations Advisor in IO governance and leadership as required
in Section 1631(g)(3)(B) of the National Defense Authorization
Act for Fiscal Year 2020.
Additionally, the committee directs the Principal
Information Operations Advisor to brief the House Armed
Services Committee no later than February 1, 2022, on the
progress of the Principal Information Operations Advisor's
office standup and ongoing IO efforts, as well as the
Department of Defense's broader efforts in IO.
Support for Zero Trust Within the Department of Defense
The committee supports the Department of Defense's efforts
undertaken in the past year to progress toward adoption of a
zero trust security model to protect its systems and data,
including:
(1) the Department's collaboration with industry
stakeholders to research, develop, pilot and test a zero trust
architecture, under which network operators assume that an
environment is breached and require that every user, device,
and network component request for access to data be verified;
and
(2) the issuance of guidance by the National Security
Agency on Embracing a Zero Trust Security Model which describes
zero trust guiding principles and design concepts in greater
detail.
The committee encourages the Department to continue its
adoption of a zero trust security model in accordance with the
above-referenced National Security Agency guidance, which will
ensure that the Department will be better positioned to more
rapidly detect and respond to malicious activity and limit the
consequences of a successful breach.
LEGISLATIVE PROVISIONS
Subtitle A--Cyber Threats
Section 1501--Cyber Threat Information Collaboration Environment
This section would direct the Secretary of Homeland
Security, in coordination with the Secretary of Defense and the
Director of National Intelligence, acting through the Director
of the National Security Agency, to develop an information
collaboration environment that enables entities to identify,
mitigate, and prevent malicious cyber activity. The
collaboration environment would provide limited access to
appropriate operationally relevant data about cybersecurity
risks and cybersecurity threats, including malware forensics
and data from network sensor programs, on a platform that
enables query and analysis.
Section 1502--Enterprise-Wide Procurement of Commercial Cyber Threat
Information Products
This section would direct Joint Forces Headquarters-
Department of Defense Information Networks to establish a
program management office for the purposes of procuring and
managing the Department of Defense's enterprise-wide licensing
and use of commercial threat information products.
Subtitle B--Cyber Systems and Operations
Section 1511--Legacy Information Technologies and Systems
Accountability
This section would mandate that each military service
initiate an effort to account for the legacy information
technology (IT) systems, applications, and software. Efforts to
discover and inventory legacy IT systems, applications, and
software ensure that redundant and unnecessary investments can
be better aligned to departmental priorities.
Section 1512--Update Relating to Responsibilities of Chief Information
Officer
This section would update the responsibilities of the Chief
Information Officer to reflect the new organization at the
National Security Agency responsible for cybersecurity.
Section 1513--Protective Domain Name System within the Department of
Defense
This section would require the Secretary of Defense, within
120 days after the date of the enactment of this Act, to ensure
that each component of the Department of Defense uses a
Protective Domain Name System instantiation offered by the
Department.
Subtitle C--Cyber Weapons
Section 1521--Notification Requirements regarding Cyber Weapons
This section would establish a limitation of funds on the
Office of the Secretary of Defense, to remain until the
congressional defense committees are presented with a report
from the Secretary of Defense establishing a definition for a
``cyber capability'' which includes software, hardware,
toolkits and other information technologies developed using
funds from the Cyberspace Activities Budget of the Department
of Defense that may be used in operations authorized under
title 10, United States Code.
Section 1522--Cybersecurity of Weapon Systems
This section would modify section 1640 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91) to add two mission elements to the portfolio of the
Strategic Cybersecurity Program. Additionally, this section
would add a requirement for a biannual report to the
congressional defense committees on the work of the Strategic
Cybersecurity Program.
Subtitle D--Other Cyber Matters
Section 1531--Feasibility Study regarding Establishment within the
Department of Defense a Designated Central Program Office, Headed by a
Senior Department Official, Responsible for Overseeing All Academic
Engagement Programs Focusing on Creating Cyber Talent across the
Department
This section would mandate a feasibility study to be
conducted by the Secretary of Defense of a designated central
program office, headed by a senior Department of Defense
official, responsible for overseeing all academic engagement
programs focusing on creating cyber talent across the
Department. This feasibility study would be required to be
submitted to the congressional defense committees not later
than 270 days after the date of the enactment of this Act.
Section 1532--Prohibition on Chief Information Officer of the
Department of Defense Serving as Principal Cyber Advisor of the
Department
This section would prohibit the Department of Defense Chief
Information Officer from serving concurrently as the Principal
Cyber Advisor.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
ITEMS OF SPECIAL INTEREST
Space Activities
Alternate Global Positioning System Constellation
The committee remains concerned about potential threats to
the Global Positioning System (GPS) program and position,
navigation, and timing (PNT) resiliency. The committee supports
the current GPS III program, but believes there should be
redundant PNT capabilities to mitigate threats posed to our
current GPS architecture. The committee understands that in
2019, the U.S. Air Force designated the Navigation Technology
Satellite-3 (NTS-3) program as one of three Air Force
``Vanguard'' programs that integrate science and technology
advances to demonstrate transformational military technologies
and operational concepts. Additionally, the committee
understands that NTS-3 is the first satellite navigation
(SATNAV) space experiment in 40 years that is intended to test
new hardware including an electronically steerable, high-power
phased array antenna coupled with a digital signal generator
that can be reprogrammed on orbit, enabling operators to
quickly deploy newly developed, advanced signals as they
encounter electronic threats.
Furthermore, NTS-3 will be working on PNT enhancements such
as experimental antennas, flexible and secure signals,
increased automation, and use of commercial assets. NTS-3
technology is intended to complement and add resiliency to GPS
satellites that fly in Medium Earth Orbit (MEO). The committee
understands NTS-3 technology enhances space-based SATNAV
systems by investing in capabilities to mitigate and increase
resiliency from harmful interference. The committee believes
the Air Force must prioritize GPS resiliency by ensuring the
Department of Defense has an alternate PNT capability available
should GPS be denied.
Therefore, the committee directs the Secretary of the Air
Force, in coordination with the Director of the Air Force
Research Lab and the Chief of Space Operations, to provide a
briefing to the House Committee on Armed Services not later
than December 31, 2021, on a detailed funding, development,
procurement, and launch plan to deploy an alternate PNT
constellation that provides the following capabilities:
(1) rapid deployment of PNT satellites to address emerging
electronic warfare threats to GPS;
(2) regional military signal protection to resist jamming
and on-orbit reprogrammability to counter spoofing; and
(3) active Electronically Steered Phased Array antenna that
can be configured to support simultaneous area of operations
broadcasting independent and unique signal configurations.
Arctic Satellite Ground Station
The committee notes a gap in US satellite ground station
coverage in the arctic region, and the fact that extremely high
latitude ground stations are critical as they provide frequent
daily contact with polar orbiting satellites. The committee
further notes buildup of strategic competitors military assets
in the non-US Arctic and increasing frequency and scope of
military exercises in the High North indicate that it could
become a location for a future incident. To address these
concerns and gaps, the committee directs the Chief of Space
Operations to submit a report no later than February 28, 2022
to the House Armed Services Committee on the feasibility of
deploying an arctic satellite ground station.
Commercial Cloud for Military Space Programs
The Department of Defense has stated that it ``is embarking
on the most significant transformation in the history of the
U.S. national security space program'' according to the 2020
Defense Space Strategy. This transformation will require the
Department of Defense, and in particular the U.S. Space Force,
to rapidly embrace modern and advanced commercial technologies
to address the challenges in space and ensure U.S. leadership
in this vital domain. The committee commends the Chief of Space
Operations' goal to create a ``digital service from the ground
up.''
When creating a digital service, the committee recognizes
the importance of the collection, transport, and processing of
data for space development and operations. The space community
has been challenged by the processing of massive amounts of
data from space systems, fusing the disparate information
across multiple security levels, and providing the relevant
information to the necessary users at speed and scale. The
committee fully supports commercial cloud adoption for military
space programs and believes that cloud-based technologies are
essential to these challenges and fundamentally modernize the
infrastructure of space mission systems.
Therefore, the committee directs the U.S. Space Force Chief
Technology and Innovation Officer, in coordination with the
Commander of the Space and Missile Systems Center, to provide a
briefing to the House Committee on Armed Services by December
31, 2021, on how the U.S. Space Force will work with the
Department of Defense Chief Information Officer, as well as the
Chief Information Officer of the Department of the Air Force,
to leverage modern cloud computing technologies for space
programs and systems. The plan should include, at a minimum:
(1) an inventory of current space programs with a
description of how the activities do, or do not, leverage
cloud-based technologies;
(2) opportunities to increase modern commercial cloud
technology adoption, including full and open competitions for
industry providers;
(3) challenges or impediments related to adoption of such
technology; and
(4) timelines and resources required to execute the plan
for cloud technology adoption for space programs.
Commercial Imagery Capabilities
The committee recognizes U.S. commercial remote sensing
capabilities serve a critical national security function for
the Department of Defense, intelligence community, and
combatant commands. Timely, accurate geospatial intelligence
(GEOINT) and satellite imagery is integral to the safety and
success of our nation's warfighters. The committee supports
programs and exercises that leverage commercial GEOINT
satellites, automatic target recognition systems using the
latest artificial intelligence capabilities, and direct
downlinks to remote ground terminals to help military leaders
rapidly execute long-range precision fires.
The committee also recognizes the requirement for U.S.
Special Operations Command (USSOCOM) to maintain situational
awareness in operational environments and the role
intelligence, surveillance, and reconnaissance plays in
ensuring a complete battlefield picture. The committee notes
that multiple commercial Earth observation companies provide
global imagery that may be able to fill gaps and provide value
to USSOCOM and regional combatant commands.
Therefore, the committee directs the Secretary of Defense,
in coordination with the Directors of the National
Reconnaissance Office and National Geospatial-Intelligence
Agency as required, to submit a report to the House Committee
on Armed Services not later than December 31, 2021, identifying
each commercial vendor that provides global imagery to support
Department of Defense combatant commands, any gaps that exist
in GEOINT intelligence, surveillance, and reconnaissance
capacity the Department of Defense combatant commands most in
need of taskless global daily imagery to support mission
requirements, and an assessment of how commercial capabilities
can be integrated into the current and planned sensor-to-
shooter programs across the services.
Commercial Radio Frequency Capabilities
The committee recognizes the benefits to national security
that commercial space-based radio frequency (RF) capabilities
can provide in satisfying national security user needs,
enabling greater international cooperation, increasing
architectural resilience and diversity, and extending U.S.
technological advantage in space. The committee believes more
concrete steps must be taken to deliver and integrate U.S.
commercial space-based RF capabilities. The committee expects
the Secretary of Defense to provide direction on leveraging
U.S. commercial space-based RF capabilities, explicitly data,
products, and services, to appropriate components through
planning and programming guidance, and to include funding for
such capabilities in the Department's Future Years Defense
Program, in accordance with section 1612 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283). Therefore, the committee
directs the Secretary of Defense, in consultation with the
Director of National Intelligence, to submit a report to the
congressional defense and intelligence committees by January
31, 2022, that describes how the Department of Defense, in
collaboration with the intelligence community, is implementing
such policy in its planning, programming, and budgeting
guidance.
Commercial Satellite Weather
The committee notes that the Air Force Weather Services
(AFWS) supports worldwide operations across the services,
special operation forces, and other government agencies with
weather observing and forecasting capabilities at in-garrison
and deployed locations. These funds integrate government and
commercial environmental data with AFWS for processing,
storing, exploiting, and disseminating weather data for
analysis, forecasting, and mission integration at the
strategic, operational, and tactical levels. Global Positioning
System (GPS) Radio Occultation on-orbit data sources are a
priority for the Air Force, viewed as the most promising
commercial satellite weather data available, and will provide
immediate forecast improvement and help support new
applications within the Department of Defense and space weather
enterprise.
The committee supports the Commercial Weather Data Pilot
program's transition from a pilot to procurement of operational
data, ultimately adding higher resolution, lower latency, and
further augmenting the measurements made by large government
weather satellites. In moving forward with this program, the
committee strongly encourages the Air Force to allow for
maximum competition from commercial weather data entrants to
partner with and compete for Air Force data contracts.
Commercial Space Situational Awareness
The committee believes that, in an increasingly congested
and threatened environment, the space situational awareness
(SSA) and space domain awareness (SDA) missions are essential
to U.S. Government, allied, and commercial space operations.
The committee views the use of commercial data for this mission
as an important part of an integrated approach to achieving a
full, comprehensive common operational picture of the space
environment from traffic management and threat awareness in all
orbits. However, the committee notes the lack of clear
Department of Defense plans for incorporating commercial space
situational awareness, including radio frequency (RF) sensing,
into the wider commercial SSA architecture to support Joint All
Domain Command and Control (JADC2) and a broad range of
intelligence operations. Therefore, the committee directs the
Chief of Space Operations to provide a briefing to the House
Committee on Armed Services by March 1, 2022, on a
comprehensive acquisition strategy that incorporates commercial
RF sensing capabilities into a resilient and integrated SSA/SDA
architecture to augment and inform multi-orbit, all-weather,
and day/night collection capability for the Department.
Further, the committee directs the Comptroller General of
the United States to submit a report to the congressional
defense committees by February 1, 2022, on the following:
(1) an assessment of current U.S. space situational
awareness and space domain awareness capabilities that includes
an analysis of the number and size of objects tracked in low-
Earth orbit, geosynchronous-Earth orbit, and cislunar orbit;
(2) a review of planned systems development and procurement
of commercial space situational awareness and space domain
awareness across the Future Years Defense Program, including
cost and schedule estimates;
(3) an overview of the U.S. Space Force Unified Data
Library that includes current volume, access to new
observational data, U.S. Space Command utilization; and
(4) recommendations to improve the use of commercial space
situational awareness and space domain awareness data services.
Efforts to Reduce Space Debris
The committee recognizes the importance of Space
Development Agency's efforts to deliver space-based capability
to the joint force by harnessing commercial development to
achieve a proliferated and resilient architecture. The
committee also recognizes that the proliferation of larger
constellations of smaller satellites in low-earth orbit is
increasing the need for better space surveillance technology
and investment in technologies that reduce future space debris.
According to U.S. Space Command, the organization is tracking
almost 35,000 objects in low earth orbit, a 22 increase in two
years and a result of new mega constellations and debris
generating events. The committee is interested in better
understanding defense investments in technologies that may
reduce future space debris, including nontoxic or non-reactive
alternatives to Hall Thrusters. Therefore, the committee
directs the Secretary of Defense to provide a report to the
House Committee on Armed Services, not later than June 1, 2022,
on the Department's efforts to reduce future space debris. The
report shall include at a minimum the following:
(1) the degree to which the Department of Defense has
assessed the impact of space debris on the National Defense
Space Architecture;
(2) an assessment of the risk posed by the proliferation of
commercial or military satellites in low-earth orbit;
(3) the extent to which the Department of Defense is
engaging allies and partners on efforts to develop technologies
that reduce space debris;
(4) the identification of specific defense research and
development efforts to minimize future debris-creating events,
including alternatives to traditional propellant propulsion
systems.
Hybrid Space Architecture
The committee recognizes U.S. Government and commercial
space capabilities are vital to our national and economic
security. These capabilities are increasingly threatened
militarily by potential adversaries, and commercially by
foreign government-backed competition. To meet these challenges
and retain U.S. primacy in space, the U.S. Government should
take advantage of the revolution in the commercial capabilities
by integrating them with traditional government systems as part
of a ``Hybrid Space Architecture'' approach.
The committee is pleased that most national security space
organizations have publicly embraced the Hybrid Space
Architecture concept, notably the Space Force, National
Reconnaissance Office, National Geospatial-Intelligence Agency,
and the Space Development Agency. However, the committee
further notes that funding for the Hybrid Space Architecture
has historically lagged in budget submissions. Accordingly, the
committee believes that funds authorized in this bill, to the
extent appropriated, should be executed in a manner consistent
with promotion of a future Hybrid Space Architecture.
Launch of Experimental Spaceflight Activities
The committee notes increased activities by commercial
space launch providers with regards to experimental spaceflight
capabilities that have potential current and future national
security applications. Therefore, the committee directs the
Secretary of Defense to submit a report to the House Committee
on Armed Services not later than February 1, 2022, on the
execution of experimental spaceflight activities for next-
generation launch vehicle systems and technologies that have
national security space launch applications, particularly in
relation to maintaining U.S. space technology leadership over
China. The report shall address:
(1) permissions and authorities required to support
expedited approval for experimental spaceflight activities,
including Department of Defense procedures to approve
experimental spaceflight activities determined to be in the
national security interests of the United States;
(2) how safety to the public will be ensured during
experimental spaceflight activities authorized by the
Department of Defense, as well as detailed requirements for
private insurance coverage for potential third-party losses due
to experimental spaceflight activities; and
(3) how to expedite timelines and reduce costs to providers
for experimental spaceflight activities that support national
security space launch and foster rapid innovation and
development to address future requirements.
Long-term Plan for Preserving American Space Dominance
The committee reaffirms its recognition of the primacy of
space in importance to our economy, national security, and way
of life. The committee also recognizes the extraordinary
efforts of our space professionals throughout the Department of
Defense and intelligence community to reform the national
security space enterprise. Furthermore, the committee notes
with increasing alarm the rate at which our near-peer rivals
are rapidly enhancing their own space capabilities with a view
to challenging American space dominance and nullifying the
capabilities and services of our space assets. While the
committee appreciates the ongoing hard work of our nation's
space professionals at reforming our national security
enterprise, there is interest in continuing to accelerate the
pace at which new capabilities and technologies which will
solidify American space dominance are developed and procured.
There is also significant interest in ensuring the U.S.
maintain freedom of movement and action on the Moon and in
lunar and cislunar space. Therefore, the committee directs the
Chief of Space Operations to provide a report to the
congressional defense committees on the most likely and most
dangerous threats to American space dominance in the short term
(within the next three years) and in the long term (within the
next ten years), options to maintain American space dominance
for the next ten years, and any capabilities needed to support
that plan by February 25, 2022. The Chief of Space Operations
may consult with any entities they choose in the development of
this report. The committee encourages the report to include an
executive summary at no higher a classification level than
SECRET if at all practicable.
Positioning, Navigation, and Timing Infrastructure Resilience
The committee is aware of significant vulnerabilities to
the Global Positioning System (GPS) enterprise its associated
position, navigation, and timing (PNT) infrastructure. As the
threats to this critical infrastructure continue to grow, the
committee affirms the urgency of ensuring the resiliency and
survivability of this vital asset and urges the Department of
Defense to fully leverage technologies to harden and reinforce
PNT infrastructure. Therefore, the committee directs the Under
Secretary of Defense for Research & Engineering, in
consultation with the Secretaries of the Military Departments,
to provide a briefing to the House Committee on Armed Services
no later than March 1, 2022 addressing the Department's
strategy to address current and projected vulnerabilities in
GPS/PNT infrastructure and its plan to increase resilience. The
briefing should include how the Department plans to employ
technologies to provide highly secure and precision time
coherency for all federally funded GPS satellites in addition
to its plans to integrate innovative technologies, such as
small spacecraft of low size, weight, and power (SWaP), which
can operate independently from GPS and can be hosted on air,
space, and surface platforms.
Report Language for Satellite Cybersecurity--Space Development Agency
To address cyber vulnerabilities to space-based systems
utilizing small satellites for communications, intelligence,
weather and more, the committee supports the Space Development
Agency's Defense in Depth as Mission Assurance for Spacecraft
(DiDaMAS) program to explore concepts for cyber protection.
DiDaMAS will leverage the Air Force's Firestarter program by
incorporating its capabilities in a defense-in-depth layered
approach with an emphasis on mission assurance. DiDaMAS will
also incorporate Zero Trust Architecture and on-board Machine
Learning algorithms for monitoring and intelligent response. To
further negate cyber-attacks, Mission Essential Functions
(MEFs) will be identified and prioritized. Accordingly the
Committee directs the Director of Space Development Agency no
later than March 1, 2022, provide a report to the House Armed
Services Committee on the Space Development Agency's Depth as
Mission Assurance for Spacecraft (DiDaMAS) program to explore
concepts for cyber protection.
SATCOM Transition Path for Future Capabilities
The Committee notes the Space Force plans to transition
from a legacy Advanced Extremely High Frequency (AEHF)
satellite constellation to a more resilient Evolved Strategic
SATCOM (ESS) satellite constellation which will sustain and
enhance the Nation's critical strategic SATCOM services,
modernize and enhance the protected waveform payload, and
provide increased space vehicle and constellation resiliency to
address rapidly increasing threats to space capabilities. The
Committee also recognizes the Space Force ESS Space Segment
prototype phase contracts are underway to enable a follow-on
ESS production phase, which will, per the current plan, deploy
initial ESS satellites by end fiscal year 2030 to achieve
initial operating capability by end fiscal year 2032.
This Committee is concerned that the Nation's Strategic
SATCOM capability will have growing vulnerabilities during the
transition period as currently planned, and wants to ensure
that this critical capability is sustained and evolved as
responsively as possible to the rapidly emerging and evolving
threat environment. The Committee further notes that industry
concepts have emerged to optimize the transition by leveraging
proven commercial on-orbit servicing satellites coupled with
mature communications payload equipment to assure legacy AEHF
sustainment while providing an accelerated transition to a more
resilient ESS capability. Therefore, the committee directs the
Secretary of the Air Force to provide a report that defines and
validates technical concepts, cost, schedule, risks, policy,
and benefits of on-orbit servicing of current strategic
communications satellites and evaluate the merits of the
concept in providing a transition path for future capabilities.
The report shall be submitted to the House Armed Services
Committee not later than March 1, 2022, and may include a
classified annex, as necessary.
Space Warfare Analysis Center
The committee notes the requested legislative proposal by
the Department of Defense to establish a new field operating
activity for the Space Warfare Analysis Center (SWAC), which
would report to the Chief of Space Operations and be
responsible for setting requirements and overall satellite
architecture for future programs. The committee further notes
that this activity has to date fallen under the joint-
Department of Defense and Director for National Intelligence
Space Security and Defense Program (SSDP), and there has not
been clear communication with the committee on how these two
organizations will interact, and who will ultimately be
responsible for those activities which cross over both title 10
and title 50, United States Code, equities. The committee is
supportive of efforts undertaken to re-look at the current
missile warning, track and defense design, and ensure
resilience and future threats are taken into account when
designing the architecture, and is encouraged that other
mission areas, such as communications, will be assessed next.
While the committee is generally supportive of the intent
in establishing the SWAC, alignment to the Chief of Space
Operations should be reassessed, and alignment to the Assistant
Secretary of the Air Force for Space Acquisition and
Integration should be considered to ensure that both
requirements and acquisition are fully integrated at the
decision-making level to avoid previous failures of space
acquisition where these functions have been disaggregated.
Therefore, the committee directs the Secretary of the Air Force
to provide a briefing to the House Committee on Armed Services
not later than January 31, 2022, on future alignment of the
SWAC and funding and personnel required to stand-up and sustain
the center. The Secretary should further consider a co-
reporting structure to the Chief of Space Operations to ensure
a direct line to the operational community with regards to
architecture studies.
Missile Defense Programs
Layered Defense for the Homeland
The committee notes advances in long-range missile
capabilities by rogue states, particularly by making
significant developments towards more sophisticated missile and
rocket technologies, from use of solid fuels to developing new
submarine-launched ballistic missiles. The committee continues
to encourage the Department of Defense to analyze and assess
these variable threats posed by these missile and rocket
capabilities, as well as provide an analysis of gaps in
homeland missile defense, with focus on missile defense gaps
along the east coast of the United States. As such, the
committee looks forward to receiving from the Department a
report on layered homeland missile defense system as directed
by section 1648 of H.R. 6395, the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021, as
passed by the House.
Further, the committee notes the successful test of the
Aegis Weapon System (AWS) and Standard Missile-3 (SM-3) Block
IIA against an intercontinental-range ballistic missile (ICBM)
in November 2020, and funding requested by the Missile Defense
Agency to continue development of a layered defense
architecture. Therefore, the committee directs the Director of
the Missile Defense Agency, in coordination with the Under
Secretary of Defense for Policy, Chief of Naval Operations, and
Commander of U.S. Northern Command, to submit a report to the
House Committee on Armed Services by December 31, 2021, on
development and deployment plans for using the AWS with SM-3
Block IIA interceptors as part of a layered missile defense
system. The report shall include:
(1) requirements for deploying a layered defense using the
AWS and SM-3 Block IIA for defense of the continental United
States (CONUS);
(2) analysis of future AWS and SM-3 Block IIA locations
that would support improved defensive coverage of CONUS, and
how the preferred location of Fort Drum, NY, for a CONUS
interceptor site using Ground-Based Interceptors could be
leveraged for a future layered defense system;
(3) analysis of how deploying Arleigh Burke-class guided-
missile destroyers for the homeland missile defense mission
would impact Navy readiness and global force management;
(4) should land-based AWS systems be deployed for layered
homeland defense, the applicable manning strategy; and
(5) any applicable lessons learned from analysis conducted
for the Guam Defense System that could be applied to a layered
homeland defense architecture, particularly for locations
previously evaluated and preferred for a CONUS interceptor
site.
Leveraging AN/TPY-2 Radar Foreign Military Sales for U.S. Programs
The committee is aware of a limited opportunity for the
United States to leverage the Army/Navy Transportable Radar
Surveillance (AN/TPY-2) production line restart driven by
recent Terminal High Altitude Area Defense (THAAD) foreign
military sales (FMS) case. In fiscal year 2021, Congress
supported the production of a 13th AN/TPY-2 radar, which will
be the first U.S. production of the modernized Gallium Nitride
(GaN) configuration of the system, providing greater range and
discrimination.
The Missile Defense Agency (MDA) plans to keep the current
system antenna viable through 2040, initially with a removal
and replacement (R&R) strategy of Transmit Receive Integrated
Microwave Modules (TRIMMs) and beginning in 2026, the full
radar replacement of TRIMMs with GaN. The R&R sustainment
strategy would not achieve the capability improvements
associated with a full GaN refresh of TRIMMs. Therefore, the
committee directs the Director of the Missile Defense Agency to
provide a briefing to the House Committee on Armed Services by
February 1, 2022, on:
(1) current and planned production rates of TRIMMs through
2025;
(2) opportunities to increase production rates above the
current plan; and
(3) recommendations to accelerate procurement delivery of
TRIMMs to support a full refresh of existing radars.
Lower Tier Air and Missile Defense Sensor (LTAMDS) Program Protection
The Committee is concerned that inadequate funding was
requested by the Secretary of the Army for Lower Tier Air and
Missile Defense Sensor (LTAMDS) Program Protection to be
included as part of Pre-Planned Product Improvements. LTAMDS
will replace legacy Patriot radars and will be the foundation
of the Army's air and missile defense architecture for the next
three decades. Patriot battalions are some of the most deployed
units in the Department and are often located in austere
locations. Program Protection ensures that critical
technologies like this advanced radar are fully protected in an
expeditionary environment. The Committee understands that this
effort must be initiated no later than Fiscal Year 2022 to
align with the Army fielding plan.
Therefore, the Committee directs the Secretary of the Army
to provide a report to the House Armed Services Committee no
later than January 31, 2022 on the overall Program Protection
plan for LTAMDS through fielding and what additional funding is
required throughout the Future Years Defense Program to
complete the program and support fielding to US batteries,
including additional Program Protection requirements that would
be needed for potential future foreign military sale of LTAMDS.
Radar Upgrades for Hypersonic Weapons Identification
The committee is concerned about the inability of current
radar systems to detect, track, engage, and defeat emerging
threats from hypersonic weapons. As identified by the National
Defense Strategy, the Department of Defense has an immediate
need to reinforce efforts to counter these weapons. The
committee encourages the Air Force and the Missile Defense
Agency to assess current hypersonic missile defense efforts and
to evaluate whether the agencies are sufficiently taking into
account innovative and cost-effective solutions available
commercially.
The committee directs the Secretary of the United States
Air Force and the Director of the Missile Defense Agency, in
consultation with the Commander of United States Northern
Command, to brief the House Armed Services Committee, not later
than November 30, 2021, on the status of Department-wide
efforts to rapidly develop the ability to detect low-flying
hypersonic weapons via radar. In particular, the briefing shall
address--
(1) An evaluation of the Air Force's current ability to
detect hypersonic weapons;
(2) Plans to ensure comprehensive assessment of
commercially available technology for radar technology
improvements;
(3) A description of any investments in planned upgrades to
existing radar systems in support of hypersonic detection;
(4) A description of any investments in standalone gap
filler radars in support of hypersonic detection;
(5) A cost comparison of those investments versus what is
available commercially off-the-shelf; and
(6) An estimate of future budget requirements in FY23 and
beyond to complete necessary upgrades and gap filler
deployments.
Nuclear Forces
Cybersecurity Requirements in the Nuclear Modernization Life Cycle
The committee recognizes that the Department of Defense has
taken actions recently to make high-tech weapon systems more
secure and less vulnerable to cyberattacks. However, the
committee is concerned about cybersecurity vulnerabilities and
digital security in the nuclear modernization acquisition
process. The committee believes that digital systems must meet
established security and reliability thresholds before being
integrated into the nuclear enterprise. As noted in a March
2021 Government Accountability Office report (GAO-21-179), the
Department should issue additional guidance to better
communicate requirements to contractors. In addition, the
report noted that Department of Defense Chief Information
Officer officials support development of another overlay for
nuclear command, control, and communications systems.
Therefore, the committee directs the Under Secretary of
Defense for Research and Engineering, in coordination with the
Under Secretary of Defense for Acquisition and Sustainment, to
submit a report to the House Committee on Armed Services not
later than December 31, 2021, on cybersecurity requirements in
the nuclear modernization acquisition life cycle. The report
shall include at a minimum the following:
(1) current digital security standards for the nuclear
modernization process;
(2) the degree to which the Department has considered
requiring additional digital security and reliability metrics
during the acquisitions process; and
(3) an assessment of requiring third-party, independent
tests to confirm that security and reliability requirements are
met before a system becomes operational.
Report on Nuclear Command, Control, and Communications Enterprise
Modernization
The committee notes that the age, complexity, and dispersed
nature of the legacy nuclear command, control, and
communications (NC3) enterprise requires sustained and
coordinated investments. Adding to this complex problem are
upgraded and modernized systems coming online replacing legacy
systems. The committee further notes that the Department of
Defense cannot afford delays or unaligned acquisitions, given
the importance of this mission.
Therefore, the committee directs the Secretary of Defense
to submit a report to the House Committee on Armed Services not
later than May 1, 2022, on the Department's modernization
strategy with respect to NC3. The report shall include at a
minimum the following:
(1) a definition of the future NC3 enterprise;
(2) a description of critical NC3 capability gaps;
(3) projected NC3 operational requirements through 2026;
(4) a proposed acquisition strategy;
(5) consideration of all available software development
authorities; and
(6) associated timelines and cost estimates for critical
elements of the NC3 enterprise through 2026.
Intelligence Matters
Intelligence Collection Prioritization on Advanced Technologies of
Adversaries
The committee recognizes that strategic competitors and
adversaries of the United States are innovating rapidly to
develop and exploit technology-enabled tools that may harm the
United States and allies of the United States. The committee is
concerned that the Defense Intelligence Enterprise has not
adequately prioritized collection of these emerging scientific
and technical developments. The committee believes the Defense
Intelligence Enterprise must prioritize collection of emerging
technologies of strategic competitors and adversaries of the
United States to better understand those capabilities and
intentions.
Therefore, the committee directs the Under Secretary of
Defense for Intelligence and Security to provide a briefing to
the House Committee on Armed Services not later than December
31, 2021, on steps taken within the Defense Intelligence
Enterprise to prioritize collection of emerging technologies
being pursued by strategic competitors and adversaries of the
United States, including developments in biotechnology,
artificial intelligence and machine learning, lethal autonomous
weapons, hypersonic weapons, and directed energy weapons.
Intelligence Sharing Frameworks
The committee recognizes the special intelligence sharing
relationship that the United States has maintained with
Australia, New Zealand, Canada, and the United Kingdom (the
Five Eyes) since World War II. The committee also recognizes
that this community of trust did not develop overnight but that
over decades these countries have developed unique ways to
gather and share intelligence, and thereby strengthen the
relationship. The committee acknowledges that the threat
landscape has vastly changed since the inception of the Five
Eyes arrangement, with primary threats now emanating from China
and Russia. The committee believes that, in confronting great
power competition, the Five Eye countries must work closer
together, as well as expand the circle of trust to other like-
minded democracies.
The committee directs the Director of National
Intelligence, in coordination with the Secretary of Defense, to
provide a report to the House Committee on Armed Services, the
Senate Committee on Armed Services, and the congressional
intelligence committees, not later than May 20, 2022, on
current intelligence and resource sharing agreements between
the United States and the countries of Australia, Canada, New
Zealand, and the United Kingdom; as well as opportunities to
expand intelligence sharing with South Korea, Japan, India, and
Germany. The review shall include:
(1) the current state of the Five Eyes sharing agreement,
including any potential shortcomings of the agreement, and
proposed changes to implement efficiencies and enhance
security;
(2) the current resource sharing efforts among the Five
Eyes, to include military and intelligence efforts, and
proposed future resource sharing opportunities; and
(3) the benefits of expanding the Five Eyes arrangement to
include South Korea, Japan, India, and Germany, including the
nature of insights that each of these countries may be in a
position to contribute, any technology limitations that prevent
closer sharing and actions needed to remediate those technology
limitations, identification of the risks associated with
expanding intelligence sharing arrangements, and suggestions on
how to safely incorporate each country into a closer sharing
framework.
Prophet Enhanced Signals Processing Kits
The budget request for fiscal year 2022 contained $39.0
million in PE 9912BZ9750 for Prophet Enhanced Modifications.
This request supports Prophet Enhanced Signals Processing (ESP)
Kit modifications to retrofit, test, train, and support
previously fielded Prophet ESP systems.
The committee recognizes that the period of performance for
the Prophet ESP Kits concludes in fiscal year 2022. The
committee recognizes that the requested fiscal year 2022
authorization will support a hybrid sustainment approach and
will serve as a bridge to the Terrestrial Layer System, which
is the Army's long-term integrated electronic warfare and
signals intelligence program. The committee therefore supports
the President's request.
Report on Challenges to U.S. Security in Space
The committee notes that in February 2019 the Defense
Intelligence Agency published a report titled ``Challenges to
Security in Space'' that examined the space and counterspace
programs that could challenge U.S. or partner interests in the
space domain. Due to the rapidly changing domain of space, the
committee directs the Director of the Defense Intelligence
Agency to submit to the House Armed Services Committee, no
later than October 1, 2021, an unclassified update to the 2019
space security report.
Report on China's People's Liberation Army Strategic Support Force
The committee recognizes that the People's Liberation Army
has undertaken dramatic reforms over the past several years
through the establishment of the Strategic Support Force (SSF).
By centralizing psychological warfare capabilities with
electronic, space, and cyber capabilities, the SSF seeks to
build synergies between otherwise disparate capabilities to
optimize strategic information operations.
Given the imperative to prevail against our competitors in
the information domain, the committee recognizes the imperative
to more fully understand the SSF. The Committee urges the
Defense Intelligence Agency to prioritize collection and
analysis of the PLA's SSF.
Therefore, the committee directs the Director of the
Defense Intelligence Agency to provide the House Committee on
Armed Services by February 1, 2022, a classified report and
briefing on the SSF. The report shall include an analysis of
SSF doctrine and capabilities, information operations targeted
at other countries in the Asia-Pacific region, SSF exercises or
engagements with other countries, and multilateral efforts to
share intelligence about PLA information operations targeting
U.S. allies and partners.
Report on Intelligence Collection Capabilities and Activities of U.S.
Forces Korea
The committee directs the Commander of U.S. Indo-Pacific
Command, in consultation with the Commander of U.S. Forces
Korea and the Commander of U.S. Special Operations Command, to
submit a report to the House Committee on Armed Services not
later than February 25, 2022, on intelligence collection
capabilities and activities in the U.S. Forces Korea area of
operations, including with respect to spaceborne, airborne,
ground, maritime, and cyber intelligence, surveillance, and
reconnaissance capabilities. The report shall be unclassified
but may contain a classified annex. At a minimum, the report
shall include:
(1) validated intelligence requirements, by specific
intelligence capability type, and how each intelligence
capability type supports such requirements;
(2) the fulfillment rate for each validated intelligence
requirement, by specific intelligence capability type;
(3) a summary of critical gaps and deficiencies, by
specific intelligence capability type;
(4) additional impediments to efforts to collect, process,
analyze, and share intelligence;
(5) efforts to ensure the joint force and the interagency
provide combatant commanders with relevant intelligence
capabilities;
(6) a summary of risk mitigation strategies to address
deficiencies and impediments; and
(7) any other relevant matters that the Commander of U.S.
Forces Korea determines should be included.
Report on the origins of SARS-CoV-2 and the COVID-19 global pandemic
The committee directs the Secretary of Defense, in
coordination with the Director of the Defense Intelligence
Agency and the Director of National Intelligence, to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives by December 31, 2021, on the
origins of SARS-CoV-2 and the COVID-19 global pandemic.
The committee further directs the report to include:
(1) A detailed analysis of coronavirus research conducted
at the Wuhan Institute of Virology (WIV), including
intelligence reporting collected or held by the Defense
Intelligence Agency (DIA);
(2) A detailed analysis of the actions of the Chinese
Communist Party to conceal the type of research being conducted
at the WIV, including intelligence reporting collected or held
by the DIA;
(3) A detailed assessment of any actions taken by the
Chinese Communist Party and the WIV from August 2019 to March
2020 to conceal the possibility that SARS-CoV-2 could have
leaked from the WIV, including intelligence reporting collected
or held by the DIA; and
(4) A detailed assessment of whether SARS-CoV-2 leaked from
the WIV, thus creating the COVID-19 global pandemic, including
intelligence reporting collected or held by the DIA.
The report shall be submitted in unclassified form, but may
include a classified annex.
Report on Threats Regarding Weapons of Mass Destruction by China and
Russia
The Committee directs the Director of the Defense
Intelligence Agency to submit an unclassified report to the
House Armed Services Committee by March 4, 2022 containing a
description of the efforts underway by China and Russia
regarding chemical and biological weaponization.
Secretary of Defense briefing related to influence efforts on U.S.
employees by foreign governments
The Committee recognizes that foreign competitors and
adversaries target for espionage employees of the Department of
Defense or employees of contractors of the Department of
Defense. The committee also recognizes the potential for grave
damage to national security when such employees are persuaded
by foreign governments to steal information, intellectual
property, or maliciously access Department of Defense systems.
The Department has a responsibility to inform and educate those
companies and entities on the risk of employees being targeted
to commit espionage. Therefore, the Committee directs the Under
Secretary of Defense for Intelligence and Security to provide a
briefing to the House Committee on Armed Services by March 2,
2022, on the Department's efforts to inform and educate
entities contracting with the Department about efforts
targeting employees to commit espionage.
Ubiquitous Technical Surveillance
The committee recognizes the risks presented by the
proliferation of ubiquitous technical surveillance (UTS)
technologies, particularly in the era of Great Power
Competition, and commends the Department of Defense's efforts
to comprehensively address the issue. The committee urges the
Director of the Defense Intelligence Agency, as the leader in
providing virtual security to the Department of Defense, to
prioritize and resource advanced technologies, training,
tactics, and procedures that enable the intelligence community
and special operation forces to counter UTS and successfully
execute traditional and irregular warfare operations.
Therefore, the committee directs the Director of the
Defense Intelligence Agency to provide a briefing to the House
Committee on Armed Services by February 4, 2022, on current,
developing, and anticipated UTS challenges as well as current
tactics, supporting technologies, techniques, policies,
procedures, and requirements.
Other Matters
Chemical Weapons Stockpile Destruction
The committee recognizes that, as a signatory to the
Chemical Weapons Convention, the United States is obligated to
destroy the U.S. inventory of lethal chemical agents and
munitions. The committee further recognizes that the Department
of Defense is responsible for and working toward destroying 100
percent of the remaining chemical weapons stockpile no later
than December 31, 2023, as required by section 1521 of title
50, United States Code, as amended. The committee expects that
all necessary efforts will be undertaken to ensure that the
United States remains in compliance with this mandatory
destruction date. Therefore, the committee directs the
Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs to provide a briefing to the House
Committee on Armed Services not later than December 31, 2021,
on the status and progress of this requirement, and any
challenges to meeting the mandatory destruction date.
Defense Biosecurity Efforts
The committee recognizes the importance of biosecurity and
the potential threats posed by the proliferation of advanced
gene editing technologies by state and non-state actors. During
the course of its regular operations, the Department of Defense
(DoD) routinely comes into possession of personally
identifiable information, biometrics, and other sensitive
personal information. The committee recognizes the importance
of ensuring we protect our service members' sensitive
information against current and future threats posed by
nefarious actors or mishandling of data. As biotechnology
capabilities have become more democratized and globally
accessible, the strategic importance of securing service
members' genetic data has become more critical, as highlighted
in a December 2019 memorandum from the Under Secretary of
Defense for Intelligence and Security stating, ``Exposing
sensitive genetic information to outside parties poses personal
and operational risk to service members.'' The committee is
concerned that the potential threats posed by the proliferation
of advanced gene editing technologies and genetic data has
become more worrisome in light of the COVID-19 global pandemic
and its impact on military readiness and U.S. economic and
national security. These concerns have been heightened based on
the significant increase in high profile cyber-attacks and
breaches that have impacted U.S. government agencies, including
the Department of Defense, defense industrial base entities,
and the impact these breaches may have on service member's
genetic information. Therefore, the committee directs the
Secretary of Defense to provide an unclassified report, with
the option of a classified appendix, to the House Committee on
Armed Services, not later than June 1, 2022, on biosecurity
efforts across the Department of Defense. To the extent
possible, the unclassified report shall include the following:
(1) the degree to which the Department of Defense has
assessed the biosecurity of its systems maintaining or
processing service member's genetic information;
(2) the identification of any Department of Defense or
contractor breaches over the previous five years that may have
exposed service member's genetic information;
(3) an assessment of the risk posed by the proliferation of
gene editing technologies;
(4) an assessment of the risk posed by the transfer of
service member's genetic data to foreign countries, including
China;
(5) the extent to which the Department of Defense provides
biosecurity guidelines or standards in defense funded research
and development programs;
(6) the extent to which the Department of Defense has
invested in new technologies to secure service members' genetic
data.
Fielding of the Conventional Prompt Strike Weapons System
The Committee commends the Department's plan to rapidly
field the Conventional Prompt Strike (CPS) weapon system. The
Committee believes similar commitment and transparency is
required to develop new technologies and advanced capabilities
needed for CPS to keep pace and ultimately surpass the
capabilities of our adversaries. Therefore, the Committee
encourages the Secretary of the Navy to budget CPS Advanced
Capabilities activities in a separate project its next budget
submission. The Committee directs the Secretary of the Navy to
provide a report to the House Armed Services Committee on the
fielding of the Conventional Prompt Strike program by March 1,
2022.
Strategy for Biological Defense Vaccines
The committee recognizes the devastating impact that
biological threats, whether naturally occurring or deliberate,
can have on U.S. national security, as evidenced by the COVID-
19 pandemic. The committee believes that advances in science
and biotechnology underscore the need for U.S. Food and Drug
Administration (FDA) approved vaccines to protect the
warfighter.
The committee understands that the Department of Defense
defunded two vaccine programs, the botulinum toxin vaccine and
plague vaccine, after persistent manufacturing challenges.
Nonetheless, the committee recognizes the imperative that the
Department of Defense ensure reliable access to safe and
effective vaccines to protect U.S. service members against
biological agents, including against botulinum toxin and
plague.
Therefore, the committee directs the Secretary of Defense
to submit a report to the congressional defense committees by
December 31, 2021, on the strategy for acquiring vaccines for
the Department of Defense. The report shall include the
following:
(1) identification of each vaccine currently being pursued,
and for each, an assessment of the time and cost to achieve a
viable, FDA-approved product;
(2) identification of the work completed on botulinum toxin
and plague and details on potential courses of action for
utilizing the work conducted for those programs, including cost
and time;
(3) countermeasures being developed for each biological
agent identified in (1) and (2); and
(4) an assessment of the collaboration undertaken with
partners and allies to develop or otherwise procure vaccines.
Testing Infrastructure to Support Strategic and Missile Defense
Programs
The committee notes that developing and fielding hypersonic
offensive and defensive capabilities continues to be a priority
for the Department of Defense, with multiple programs of record
across the services and agencies. As a component of each of
these efforts, testing infrastructure continues to be
highlighted as an area in which the United States lacks
infrastructure and capacity to conduct needed subscale,
developmental, and operational testing, in addition to
extensive modeling and simulation needed to validate system
performance prior to production and deployment. The same
infrastructure is also needed for other strategic systems, such
as the Ground Based Strategic Deterrent (GBSD), Long Range
Stand Off Weapon (LRSO), and Next Generation Interceptor (NGI).
Therefore, the committee directs the Under Secretary of
Defense for Research and Engineering, in coordination with the
Secretaries of the military departments, Director of
Operational Test and Evaluation, and Director of the Missile
Defense Agency, to submit a report to the congressional defense
committees not later than February 28, 2022, on an integrated
master plan for the required testing infrastructure needed
across hypersonic, strategic, and missile defense portfolios
over the next 10-year timeframe, including:
(1) an integrated ground and flight test schedule for
hypersonic offensive and defensive programs in addition to
GBSD, LRSO, and NGI, for fiscal years 2022 through 2028;
(2) an inventory of flight and ground test ranges and other
needed testing infrastructure, such as wind tunnels and arc
heaters, required to meet subscale, developmental, and
operational testing of programs of record;
(3) a list of modernization efforts that support strategic
and missile defense testing, including a listing of projects
and the associated National Environmental Policy Act
initiatives and timelines;
(4) a list of existing and planned facilities at academic
institutions and other Federal agencies (e.g., National
Aeronautics and Space Administration) that have hypersonic
testing capability, including propulsion systems, combustor
testing for transition from gas turbine to scramjet, and
scramjet testing for dual mode propulsion;
(5) deficiencies that exist either in flight test ranges or
areas such as wind tunnels and arc heaters, that would need to
be addressed in the next 10-year timeframe to support required
testing; and
(6) how high fidelity modeling and simulation could augment
ground and flight testing requirements.
LEGISLATIVE PROVISIONS
Subtitle A--Space Activities
Section 1601--Improvements to Tactically Responsive Space Launch
Program
This section would express the sense of Congress regarding
the successful tactically responsive launch-2 mission conducted
by the U.S. Space Force, and how it should be used as a
pathfinder to inform future concepts of operation for
responsive launches. This section would further modify section
1609 of the William M. (Mac) National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) to require the
Secretary of Defense, in consultation with the Director of
National Intelligence, to support the tactically responsive
launch program to ensure that the program addresses: (1) 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; and (2) The entire launch process,
including with respect to launch services, satellite bus and
payload availability, and operations and sustainment on-orbit.
This section would also require the Secretary of Defense to
submit a plan to Congress on the future of the tactically
responsive space launch program.
Section 1602--National Security Space Launch Program
This section would express a sense of congress that the
Department of Defense and National Reconnaissance Office (NRO)
should, to the extent possible, use services under phase two of
the National Security Space Launch (NSSL) program. This section
would also establish policy that the NSSL program should be
used to the maximum extent possible for space launches that
fall within the requirements of phase two and maximize
continuous competition as the U.S. Space Force initiates
planning for phase three of the program.
This section would further require a congressional
notification within seven days in the event the Department or
NRO determines a launch that could be met under the
requirements of NSSL phase two will use an alternative launch
procurement approach. Lastly, the section would require the
Secretary of Defense, in coordination with the Director of
National Intelligence, Chief of Space Operations, and the
Director of the Space Development Agency, submit a report
within 90 days after the date of enactment of this Act on plans
of the Secretary to address, with respect to launches that
would be procured in addition to or outside of launches under
NSSL phase two, emerging launch requirements in the areas of
space access, mobility, and logistics.
Section 1603--Classification Review of Programs of the Space Force
This section would require the Chief of Space Operations to
conduct a classification review of each classified program
under the authority of the Space Force to determine if any
programs should be reclassified or declassified. The review
would need to be conducted in coordination with the Assistant
Secretary of Defense for Space Policy, and any other heads of
elements of the Department of Defense as appropriate. This
section would also require the Chief of Space Operations to
submit a report to the congressional defense committees on any
programs that would be subject to a classification change due
to the review conducted.
Section 1604--Report on Range of the Future Initiative of the Space
Force
This section would express the sense of Congress regarding
the importance of improving infrastructure on U.S. Space Force
launch ranges to meet future demand. The section would also
require the Chief of Space Operations to submit a report to the
congressional defense committees on the Space Force ``Range of
the Future'' initiative, specific legal authorities that would
need to be changed to address long-term challenges to the long-
term physical infrastructure at U.S. Space Force launch ranges,
and any proposals to further improve infrastructure at the
ranges, including legislative action needed to implement those
proposals.
Section 1605--Norms of Behavior for International Rules-Based Order in
Space
This section would require the covered officials to each
submit to the National Space Council, not later than 90 days
after the date of the enactment of this Act, a list of
prioritized objectives with respect to establishing norms of
behavior in space to be addressed through bilateral and
multilateral negotiations relating to an international rules-
based order in space. The goal would be to bolster and further
develop the international rules-based order, particularly as it
applies to the space domain. The list of covered officials
includes:
(1) the Under Secretary of Defense for Policy, in
consultation with the Chief of Space Operations, the Commander
of U.S. Space Command, and the Director of National Geospatial-
Intelligence Agency;
(2) the Assistant Secretary of State for Arms Control,
Verification, and Compliance;
(3) the Administrator of the National Aeronautics and Space
Administration; and
(4) the Director of the National Reconnaissance Office.
This section would further require the National Space
Council to consolidate the lists received, and the Secretary of
State, in collaboration with other heads of relevant
departments and agencies of the Federal Government, to use such
consolidated list as a guide to establish a framework for
bilateral and multilateral negotiations.
Lastly, this section would require the National Space
Council to provide the consolidated list of priorities to the
congressional defense committees; the Committee on Foreign
Affairs, the Committee on Science, Space, and Technology, and
the Permanent Select Committee on Intelligence of the House of
Representatives; and the Committee on Foreign Relations, the
Committee on Commerce, Science, and Transportation, and the
Select Committee on Intelligence of the Senate.
Section 1606--Programs of Record of Space Force and Commercial
Capabilities
This section would prohibit the Service Acquisition
Executive for Space Systems and Programs from establishing a
new program of record until a certification has been provided
to the congressional defense committees that there is no
commercially available capability that would meet the threshold
objectives for that proposed program.
Section 1607--Clarification of Domestic Services and Capabilities in
Leveraging Commercial Satellite Remote Sensing
This section would modify section 1612(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) by further defining the
definition of the term ``domestic'' to include companies that
operate in the United States and have active mitigation
agreements pursuant to the National Industrial Security
Program.
Section 1608--National Security Council Briefing on Potential Harmful
Interference to Global Positioning System
This section would require the Secretary of Defense to
provide a briefing at the highest level of classification to
the National Security Council, the Department of Commerce, and
the Federal Communications Commission, within 30 days after the
date of the enactment of this Act, on the harmful interference
from the 1525 to 1559 megahertz bands and 1626.5 to 1660.5
megahertz bands to the Global Positioning System or other
tactical Department of Defense systems. Within 7 days after
providing the briefing, the Secretary of Defense shall provide
the same briefing to congressional defense and commerce
committees.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Section 1611--Notification of Certain Threats to United States Armed
Forces by Foreign Governments
This section would require the Secretary of Defense to
notify Congress when the Secretary determines with high
confidence that an official of a foreign government plans or
takes some other substantive step that is intended to cause the
death of, or serious bodily injury to, any member of the United
States Armed Forces.
Section 1612--Strategy and Plan to Implement Certain Defense
Intelligence Reforms
This section would require the Director of National
Intelligence, in coordination with the Under Secretary of
Defense for Intelligence and Security, to develop and implement
a strategy and plan to support the priorities of the combatant
commanders, including efforts to counter the malign activities
of adversaries of the United States.
Section 1613--Authority of Under Secretary of Defense for Intelligence
and Security to Engage in Fundraising for Certain Nonprofit
Organizations
This section would authorize the Under Secretary of Defense
for Intelligence and Security to engage in certain fundraising
in an official capacity for the benefit of nonprofit
organizations that provide support to surviving dependents of
deceased employees of the Defense Intelligence Enterprise or
for the welfare, education, or recreation of employees and
former employees of the Defense Intelligence Enterprise and the
dependents of such employees and former employees.
Section 1614--Executive Agent for Explosive Ordnance Intelligence
This section would designate the Director of the Defense
Intelligence Agency as the executive agent for explosive
ordnance intelligence.
Section 1615--Inclusion of Explosive Ordnance Intelligence in Defense
Intelligence Agency Activities
This section would add explosive ordnance intelligence to
the activities of the Defense Intelligence Agency.
Subtitle C--Nuclear Forces
Section 1621--Exercises of Nuclear Command, Control, and Communications
System
This section would require the President to participate in
at least one large-scale nuclear command, control, and
communications exercise within the first year of assuming
office, per term, and would include waiver authority on a case-
by-case basis.
Section 1622--Independent Review of Nuclear Command, Control, and
Communications System
This section would require the Secretary of Defense to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to conduct a review of the
current plans, policies, and programs of the nuclear command,
control, and communications system, and such plans, policies,
and programs that are planned through 2030. This section also
would require an interim briefing on the review not later than
September 1, 2022.
Section 1623--Review of Safety, Security, and Reliability of Nuclear
Weapons and Related Systems
This section would direct the Secretary of Defense to
create an independent advisory committee to review the safety,
security, and reliability of U.S. nuclear weapons systems;
nuclear command, control, and communications; and the
integrated tactical warning/attack assessment system. This
section also contains findings that discuss a similar previous
study conducted in 1990. The review would last not more than 1
year and provide options and recommendations to the Secretary
of Defense on altering U.S. nuclear modernization programs to
cybersecurity, strengthen safeguards, and prevent unauthorized
or inadvertent incidents. The review would also provide options
for nuclear risk reduction measures focused on confidence and
predictability that United States could carry out alone or with
near-peer adversaries.
Section 1624--Review of Engineering and Manufacturing Development
Contract for Ground-Based Strategic Deterrent Program
This section would require the Secretary of the Air Force
to conduct a review of the Ground Based Strategic Deterrent
program and provide a report to the congressional defense
committees within 270 days after the date of the enactment of
this Act. This section would also require the Secretary of the
Air Force to provide a briefing to the congressional defense
committees on implementation of the recommendations of the
review within 90 days of submittal of the report to the
congressional defense committees. The review would examine:
(1) the schedule, cost, and execution of Ground Based
Strategic Deterrent Program;
(2) the ability of the program to leverage competition
during the operations and maintenance phase of the program;
(3) the ability of the program to implement industry best
practices; and
(4) the ability of the program to leverage digital
engineering.
This section would require the Secretary of the Air Force
to appoint at least two experts with expertise from outside of
the defense industry to the review.
Section 1625--Long-Range Standoff Weapon
This section would require the Secretary of the Air Force,
before awarding the procurement portion of the long-range
standoff weapon (LRSO) contract, to provide the following the
congressional defense committees:
(1) an updated cost estimate for the procurement portion of
the LRSO;
(2) a certification that Future Years Defense Program
funding includes or will include estimated funding for the
program specified in such cost estimate; and
(3) a copy of the justification and approval documentation
regarding the Secretary determining to award a sole-source
contract for the program, including with respect to how the
Secretary will manage the cost of the program in the absence of
competition.
This section would also require the Secretary of the Air
Force to provide a briefing, not later than 90 days after the
date of the enactment of this Act, on how the timely
development of the LRSO may serve as a hedge to delays in other
nuclear modernization efforts, how potential W80-4 warhead
delays may affect the LRSO initial operational capability,
options to adjust the budget profile of the LRSO to ensure the
program remains on schedule, a plan to reconcile the cost
estimates of the Air Force and the Director of Cost Assessment
and Program Evaluation, and a plan to ensure best value to the
United States for the procurement portion of the program.
Section 1626--Prohibition on Reduction of the Intercontinental
Ballistic Missiles of the United States
This section would prohibit the Department of Defense from
reducing, or preparing to reduce, the responsiveness or alert
level of the intercontinental ballistic missiles of the United
States during fiscal year 2022. It would also prohibit the
Department from reducing the number of intercontinental
ballistic missiles of the United States below 400. The
provision contains exceptions to the prohibition for
maintenance, sustainment, safety, security, and reliability.
Section 1627--Limitation on Availability of Certain Funds until
Submission of Information Relating to Proposed Budget for Nuclear-Armed
Sea-Launched Cruise Missile
This section would limit the availability of not more than
75 percent of the funds for the Office of the Secretary of the
Navy for travel until the Secretary submits to the
congressional defense committees all written communications by
the personnel of the Department of Defense regarding the
proposed budget amount or limitation for the nuclear-armed sea-
launched cruise missile.
Section 1628--Limitation on Availability of Certain Funds until
Submission of Information Relating to Nuclear-Armed Sea-Launched Cruise
Missile
This section would limit the funds available to the Office
of the Secretary of Defense for travel to not more than 75
percent, except for the Secretary and the Deputy Secretary,
until the Secretary submits the analysis of alternatives for
the nuclear-armed sea-launched cruise missile and provides a
briefing on the analysis.
Section 1629--Annual Certification on Readiness of Minuteman III
Intercontinental Ballistic Missiles
This section would require, not later than March 1, 2022,
and annually thereafter until the ground-based strategic
deterrent program achieves initial operating capability, the
Chairman of the Joint Chiefs to certify whether the state of
readiness of the Minuteman III missile system requires placing
heavy bombers equipped with nuclear warheads and associated
refueling tanker aircraft on alert status.
Section 1630--Cost Estimate to Re-Alert Long-Range Bombers
This section would require the Secretary of the Air Force
to develop a cost estimate to re-alert the long-range bombers
in the absence of a ground-based leg of the nuclear triad. It
also contains findings of the Commander of Strategic Command
related to the issue.
Section 1631--Notification regarding Intercontinental Ballistic
Missiles of China
This section would require the Commander of Strategic
Command to notify the congressional defense committees in the
event that the commander determines that the number of
intercontinental ballistic missiles in China's active inventory
exceeds those of the United States, or that the number of
warheads equipped on such missiles exceeds the number equipped
on those of the United States. It would further require the
commander to provide an assessment of Chinese intercontinental
ballistic missiles and associated warheads, and a strategy to
deter China.
Section 1632--Information regarding Review of Minuteman III Service
Life Extension Program
This section would require the Secretary of Defense to
provide information to the congressional defense committees
regarding any review undertaken by a federally funded research
and development center regarding a service life extension
program for the Minuteman III missile system.
Section 1633--Sense of Congress regarding Nuclear Posture Review
This section would contain the sense of Congress on issues
that should be considered as part of the Nuclear Posture Review
initiated in 2021.
Subtitle D--Missile Defense Programs
Section 1641--Directed Energy Programs for Ballistic and Hypersonic
Missile Defense
This section would provide findings that there are
promising directed energy technologies for ballistic and
hypersonic defense applications, and that those efforts have
consistently not been funded in the Missile Defense Agency
budget for the past several fiscal year budget requests,
despite continued support from yearly appropriation and
authorization bills. The section would also express the sense
of Congress that these efforts should continue within the
Missile Defense Agency for potential future hypersonic and
ballistic missile defense capabilities. Finally, the section
would provide authority to the Secretary of Defense to 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.
Section 1642--Notification of Changes to Non-Standard Acquisition and
Requirements Processes and Responsibilities of Missile Defense Agency
This section would prohibit the Secretary of Defense from
making any changes to the Missile Defense Agency non-standard
acquisition and requirements processes until certain conditions
were met including consulting with several offices within the
Department of Defense, providing certifications, and report to
the